Appellate Division of the Supreme Court of New York, 1976

Town of Black Brook v. State

Town of Black Brook v. State
Appellate Division of the Supreme Court of New York · Decided April 1, 1976
52 A.D.2d 658; 1976 N.Y. App. Div. LEXIS 12319
Town of Black Brook v. State

Opinion of the Court

Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did Special Term err as a matter of law in granting defendants’ motion to dismiss plaintiffs complaint on the ground that plaintiff did not have standing to commence the action?” Greenblott, J. P., Main, Larkin, Herlihy and Reynolds, JJ., concur.

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