VICTORY VILLAGE TENANTS ASSOCIATION, INC. V EVERGREEN COMMUNITIES, LLC VICTORY VILLAGE MHC, LLC, - .
Motion No: 352-23
Slip Opinion No: 2023 NY Slip Op 79709(U)
Decided on December 22, 2023
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 22, 2023

PRESENT: WHALEN, P.J., CURRAN, OGDEN, AND GREENWOOD, JJ.

MOTION NO. 352-23
CA 22-00432

VICTORY VILLAGE TENANTS ASSOCIATION, INC.,

PLAINTIFF-RESPONDENT,

V

EVERGREEN COMMUNITIES, LLC, VICTORY VILLAGE MHC, LLC,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


Defendants-appellants having moved for leave to reargue that part of the memorandum and order of this Court entered July 28, 2023, holding that plaintiff-respondent Victory Village Tenants Association, Inc. has standing to proceed with claims against them grounded in injunctive and declaratory relief with respect to alleged violations of Real Property Law § 233,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 22, 2023

Ann Dillon Flynn

Clerk of the Court