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MATTER OF 1300 FRANKLIN AVENUE MEMBERS, LLC v. BOARD OF TRUSTEES OF INCORPORATED VILLAGE OF GARDEN CITY

62 A.D.3d 1004 (2009)

880 N.Y.S.2d 133

In the Matter of 1300 FRANKLIN AVENUE MEMBERS, LLC, Respondent, v. BOARD OF TRUSTEES OF INCORPORATED VILLAGE OF GARDEN CITY et al., Appellants. (Matter No. 1.) In the Matter of LT PROPCO, LLC, Respondent, v. BOARD OF TRUSTEES OF INCORPORATED VILLAGE OF GARDEN CITY et al., Appellants. (Matter No. 2.)

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

Decided May 26, 2009.

Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof granting the petitions, and (2) by adding a provision thereto dismissing, as unnecessary, the causes of action declaring that the special assessments underlying the tax levies are null and void; as so modified, the order and judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance...

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