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LIBERTY v. INCORPORATED VIL.

41840-2008

24 Misc.3d 1160 (2009)

881 N.Y.S.2d 626

LIBERTY MEADOWS, LLC, Plaintiff, v. INCORPORATED VILLAGE OF PORT JEFFERSON et al., Defendants.

Supreme Court, Suffolk County.

May 13, 2009.

Attorney(s) appearing for the Case

Bracken & Margolin, LLP, Islandia (Linda Margolin of counsel), for plaintiff.

Meyer, Suozzi, English & Klein, P.C., Garden City (A. Thomas Levin of counsel), for defendants.

OPINION OF THE COURT

EMILY PINES, J.

Plaintiff, Liberty Meadows, LLC, moves by notice of motion (motion sequence No. 001) for an order pursuant to CPLR 3212 granting plaintiff judgment declaring that section 220-44 of the Code of the Village of Port Jefferson (Code) is void and invalid, and in derogation of state law. Defendant, Village of Port Jefferson, opposes the motion on the grounds: (1) that the action is barred by the statute of limitations since...

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