Legal Opinion

Loskot-D'Souza v. Town of Babylon

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 2016No. 2013-09431PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages pursuant to 42 USC § 1983 for alleged violations of constitutional rights to due process and equal protection, the defendant appeals from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated June 18, 2013, which denied its motion pursuant to CPLR 3211 (a) to dismiss the complaint.

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…

2Cases cited12 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
  4. Bower Associates v. Town of Pleasant ValleyNew York Court of Appeals · 2004
  5. Town of Orangetown v. MageeNew York Court of Appeals · 1996

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3Cited by5 opinions

  1. Matter of Lewis Homes of N.Y., Inc. v. Board of Site Plan Review of the Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2023
  2. Ahmed v. Inc. Vil. of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2025
  3. Hampshire Recreation, LLC v. Village of MamaroneckAppellate Division of the Supreme Court of the State of New York · 2026
  4. Matter of Buenos Hill, Inc. v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2024
  5. Matter of PJB Equities, Inc. v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 2024

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