Appellate Division of the Supreme Court of the State of New York November 20, 2015 (Town of Amherst v. Pepper Tree Heights Housing Co.)

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 30, 2014. The order, insofar as appealed from, denied in part the motion of defendants Pepper Tree Heights Housing Co., Inc. and Pepper Tree Heights Associates, L.P. seeking to dismiss plaintiffs’ amended complaint against them.