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HOUSING OPPORTUNITY MULTI-FAMILY EFFORTS ("HOME") v. VILLAGE OF AIRMONT, N.Y.

2022-06705. Index No. 33618/20.

230 A.D.3d 1120 (2024)

218 N.Y.S.3d 428

2024 NY Slip Op 04379

Housing Opportunity Multi-Family Efforts ("HOME"), Appellant, et al., Plaintiff, v. Village of Airmont, New York, et al., Respondents. 267 Cherry Lane Realty Corp., Nonparty Appellant.

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

Decided September 11, 2024.

Attorney(s) appearing for the Case

Savad Churgin, LLP, Nanuet, NY (Joseph A. Churgin and Donna Sobel of counsel), for plaintiff-appellant and nonparty-appellant.

Feerick Nugent MacCartney PLLC, South Nyack, NY (Christopher B. Pavlacka and Brian D. Nugent of counsel), for respondents.

Barros, J.P., Maltese, Wooten and Love, JJ., concur.

In an action for declaratory relief, the plaintiff Housing Opportunity Multi-Family Efforts ("HOME") and nonparty 267 Cherry Lane Realty Corp. appeal from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated July 13, 2022. The order, insofar as appealed from, denied the plaintiffs' motion, in effect, for summary judgment on the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 1968, Leonard Kohl...

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