Walter J. Socha Builders, Inc. v. Town of Clifton Park

Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered January 12, 1983 in Saratoga County, which denied defendants’ motion to, inter alia, dismiss the complaint or a specific portion thereof. 11 Plaintiffs commenced this action which was construed to state (1) a petition for CPLR article 78 relief, (2) a complaint for a declaratory judgment, and (3) a complaint for money damages. In September of 1982, defendants moved to foreclose plaintiffs from offering proof with respect to matters about which discovery was demanded but not received, and to dismiss the complaint,…