Hollows At Loch Lea Ass'n v. Town of Clarence

Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered November 19, 2003. The order denied defendant’s motion to dismiss the declaratory judgment *995action and granted plaintiffs cross motion for leave to serve an amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the complaint is dismissed and the cross motion is denied.

Memorandum: Supreme Court erred in denying defendant’s motion to dismiss this declaratory judgment action and in granting plaintiff’s…