No-Dent Properties, Inc. v. Commissioner of Town of Hempstead Department of Highways

In an action, inter alia, for declaratory relief, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Jaeger, J.), entered June 3, 2014, as granted those branches of the defendants’ separate motions which were pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against each of them for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The defendant S. Nicola & Sons Realty Corp. (hereinafter Nicola) and the plaintiff own real property abutting…