LOSKOT-D'SOUZA v. TOWN OF BABYLON

2013-09431, Index No. 35057/11.

137 A.D.3d 751 (2016)

26 N.Y.S.3d 577

2016 NY Slip Op 01469

EWA LOSKOT-D'SOUZA et al., Respondents, v. TOWN OF BABYLON, Appellant.

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

Decided March 2, 2016.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211 (a) to dismiss the complaint is granted.

The plaintiffs purchased a property within the Town of Babylon in December 2007 with the intended purpose of operating a facility providing care and counseling services to recovering drug users, alcohol users, and others. They commenced this action alleging that the Town violated...

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