S&R Dev. Estates, LLC v. Town of Greenburgh

Before the Court is the motion of Plaintiff S & R Development Estates, LLC ("S & R") to dismiss the counterclaim of Defendant Sisters of the Blessed Sacrament, Inc. (the "Sisters"). (Doc. 140.) For the following reasons, the motion is GRANTED.

I. BACKGROUND

For purposes of this motion, I accept as true the facts, but not the conclusions, set *306forth in the Sisters' Amended Counterclaim. (Doc. 139 at 47-84 ("ACC").)1

A. Facts

Defendant and Counterclaim Plaintiff Sisters is a religious not-for-profit corporation that owns and operates a convent located at 86 Dromore Road in the Town of Greenburgh,…