Giunta v. Avena

OPINION OF THE COURT

Daniel R. Palmieri, J.

This motion for a preliminary injunction and for related relief is granted as set forth in this order.

The motion to dismiss made by Steven Leventhal and Leventhal, Cursio, Mullaney & Blinkoff, LLP is granted to the limited extent that so much of this action/proceeding that is brought derivatively on behalf of the Incorporated Village of Manorhaven is dismissed, but the Village shall be added as an additional party defendant/respondent. The motion is otherwise denied.

Although brought solely as a CPLR article 78 proceeding, this is, in effect, a hybrid…