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HARBOR VIEW AT PORT WASH. HOME OWNERS ASSN., INC. v. TOWN OF N. HEMPSTEAD

04377-07.

2008 NY Slip Op 51784 (U)

HARBOR VIEW AT PORT WASHINGTON HOME OWNERS ASSOCIATION, INC. and JAMES NACOS, as President and Secretary, Respectively and Individually and on Behalf of all Homeowners similarly situated, Plaintiffs, v. TOWN OF NORTH HEMPSTEAD and PORT WASHINGTON GARBAGE DISTRICT, Defendants.

Supreme Court of the State of New York, Nassau County.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Bracken & Margolin, LLP, Islandia, New York, Counsel for Plaintiffs.

Richard S. Finkel, Esq., Town Attorney, Manhasset, New York, Counsel for Defendants, (for Town of North Hempstead).

Miranda, Sokoloff, Sambursky, Slone Verveniotis LLP, Mineola, New York, Counsel for Defendants, (for Port Washington Garbage District).

LEONARD B. AUSTIN, J.

BACKGROUND

The Harbor View at Port Washington community ("Harbor View") is a so-called senior residential development consisting of some 125 single family, semi-attached and unattached homes and an adjacent six story, 145-unit condominium building (Cmplt. ¶¶ 1-3).

The Plaintiff, Harbor View at Port Washington Homeowners Association Inc. ("HOA"), is a non-profit entity responsible for overseeing the operation and...

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