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HARBOR VIEW AT PORT WASH. HOME OWNERS ASSN., INC. v. W.J. HARBOR RIDGE, LLC

01194-07.

2008 NY Slip Op 51783 (U)

HARBOR VIEW AT PORT WASHINGTON HOME OWNERS ASSOCIATION, INC. and RICHARD J. GREENE and JAMES NACOS, as President and Secretary, Respectively and Individually and on Behalf of all Homeowners similarly situated, Plaintiffs, v. W.J. HARBOR RIDGE, LLC, BERNARD JANOWITZ, and THE TOWN OF HEMPSTEAD, 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.

Westerman, Ball, Ederer, Miller & Sharfstein, LLP, Mineola, New York, Counsel for Defendants (for Harbor Ridge and Janowitz).

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

LEONARD B. AUSTIN, J.

ORDER

The following papers were read on Defendant Town of North Hempstead's motion to dismiss the complaint and all cross-claims asserted against it; Defendants W.J. Harbor Ridge LLC & Bernard Janowitz's motion to dismiss Plaintiffs' second, fourth and fifth claims contained in the Amended complaint asserted against them; Plaintiffs' cross-motions for partial summary judgment on the first, second, fifth and part of the fourth...

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