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MATTER OF ELAM SAND & GRAVEL CORP. v. TOWN OF WEST BLOOMFIELD

505 CA 15-01523.

140 A.D.3d 1670 (2016)

33 N.Y.S.3d 625

2016 NY Slip Op 04572

In the Matter of ELAM SAND & GRAVEL CORP. et al., Appellants, v. TOWN OF WEST BLOOMFIELD et al., Respondents.

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

Decided June 10, 2016.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied and the 12th cause of action is reinstated.

Memorandum: Plaintiffs-petitioners (petitioners) appeal from an order granting the cross motion of defendants-respondents Sue S. Stewart, Neighbors to Support West Bloomfield and Citizens to Support West Bloomfield (collectively, respondents) pursuant to CPLR 3211 (a) (7) seeking to dismiss the...

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