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VILLAGE OF ELMSFORD v. KNOLLWOOD COUNTRY CLUB, INC.

60 A.D.3d 934 (2009)

875 N.Y.S.2d 560

VILLAGE OF ELMSFORD, Respondent, v. KNOLLWOOD COUNTRY CLUB, INC., Defendant, and TOWN OF GREENBURGH, Appellant.

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

Decided March 24, 2009.

Ordered that the order entered May 24, 2007 is reversed insofar as appealed from, on the law, with costs, and upon reargument, so much of the order entered January 5, 2007, as denied the motion of the defendant Town of Greenburgh pursuant to CPLR 3211 (a) (3) and (10) to dismiss the complaint insofar as asserted against is vacated, that branch of the motion which was pursuant to CPLR 3211 (a) (3) is granted, and that branch of the motion which was pursuant to CPLR 3211 (a...

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