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BENEKE v. TOWN OF SANTA CLARA

61 A.D.3d 1079 (2009)

876 N.Y.S.2d 229

J. DAVID BENEKE, Individually and as Trustee of the J. DAVID BENEKE TRUST, Appellant-Respondent, v. TOWN OF SANTA CLARA et al., Respondents-Appellants, et al., Defendants.

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

Decided April 2, 2009.

PETERS, J.P.

Having been before this Court on four prior occasions, the underlying facts of this case are fully set out in those decisions (45 A.D.3d 1164 [2007], lv denied 10 N.Y.3d 706 [2008]; 36 A.D.3d 1195 [2007], lv dismissed 8 N.Y.3d 938 [2007]; 28 A.D.3d 998 [2006]; Matter of Beneke v Town of Santa...

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