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ASPHALT INC v. BOARD TRUSTEES

15115-00

51 Misc.3d 303 (2016)

25 N.Y.S.3d 809

2016 NY Slip Op 26005

SUFFOLK ASPHALT SUPPLY, INC., Plaintiff, v. BOARD OF TRUSTEES OF THE VILLAGE OF WESTHAMPTON BEACH et al., Defendants.

Supreme Court, Suffolk County.

Decided January 11, 2016.

Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City, for defendants.

Bracken Margolin Besunder LLP, Islandia, for plaintiff.

OPINION OF THE COURT

It is ordered that this motion in limine by the defendants for an order determining three threshold issues for trial is determined as follows:

The plaintiff owns a parcel of real property located within the Village of Westhampton Beach that has been improved with an asphalt plant since...

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