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EAST HAMPTON LIVESTOCK CORP. v. FLEMING

2007-02878.

2008 NY Slip Op 06438

EAST HAMPTON LIVESTOCK CORP., respondent, v. THOMAS R. FLEMING, ET AL., defendants, CHRISTIAN CARINO, ET AL., appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 29, 2008.

Attorney(s) appearing for the Case

MacLachlan & Eagan LLP, East Hampton, N.Y. (David E. Eagan and Brian E. Matthews of counsel), for appellants.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, Riverhead, N.Y. (Christopher D. Kelley, Amiel S. Gross, and Martin Finnegan of counsel), for respondent.

Before: ROBERT A. LIFSON, J.P., ANITA R. FLORIO, EDWARD D. CARNI, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211(a)(1) insofar as asserted against the appellants is granted, and the plaintiff's motion for a preliminary injunction is denied as academic.

In 1982, the plaintiff East Hampton Livestock Corp. (hereinafter EHLC) received approval to subdivide a portion of its...

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