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MATTER OF 5055 NORTHERN BOULEVARD, LLC v. INCORPORATED VILLAGE OF OLD BROOKVILLE

2018-10875. Index No. 3362/17.

201 A.D.3d 932 (2022)

157 N.Y.S.3d 744

2022 NY Slip Op 00424

In the Matter of 5055 Northern Boulevard, LLC, Respondent, v. Incorporated Village of Old Brookville et al., Appellants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

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

Andrew Lavoott Bluestone, New York, NY, for respondent.

Barros, J.P., Brathwaite Nelson, Chambers and Hinds-Radix, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the respondents/defendants' motion pursuant to CPLR 3211(a) and 7804(f) to dismiss the amended petition/complaint is granted, the order entered April 16, 2018, is modified accordingly, and the proceeding/action is dismissed.

The petitioner/plaintiff, 5055 Northern Boulevard, LLC (hereinafter Northern), commenced this hybrid action for declaratory relief and proceeding pursuant to CPLR article 78, in effect...

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