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MATTER OF VILLAGE OF PORT CHESTER v. LDV 451 CORP.

2021-04623. Index No. 60239/20.

220 A.D.3d 678 (2023)

196 N.Y.S.3d 779

2023 NY Slip Op 04981

In the Matter of Village of Port Chester et al., Appellants, v. LDV 451 Corp., Respondent, and Town of Rye, New York, et al., Respondents.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Anthony M. Cerreto, Village Attorney, Port Chester, NY, for appellants.

Jeffrey M. Binder, Town Attorney, White Plains, NY, for respondents-respondents.

Dillon, J.P., Barros, Wooten and Voutsinas, JJ., concur.

In a proceeding pursuant to CPLR article 4, inter alia, to adjudge that the Town of Rye is responsible for the costs of the demolition and removal of a building located in the Village of Port Chester that was destroyed by fire, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Janet C. Malone, J.), dated May 17, 2021. The judgment, insofar as appealed from, dismissed the proceeding insofar as asserted against the respondents Town of Rye, Nicholas...

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