Huntington Yacht Club v. Incorporated Village of Huntington Bay

In an action, inter alia, to recover damages for alleged violations of 42 USC § 1983, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated September 3, 2002, as denied that branch of their motion which was pursuant to CPLR 3211 (a) (7) to dismiss the first through fourth causes of action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which is to dismiss the first through fourth causes of action is granted, and those causes of action are dismissed.

The plaintiff applied to the Town…