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Corrigan v. Town of Brookhaven

Illegal Eviction, Other Claims Dismissed But Claim for Trespass to Chattels Is Stated

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MEMORANDUM & ORDER Presently before the Court is defendants’ partial motion to dismiss under Fed. R. Civ. P. 12(b)(6). Docket Entry (“DE”) 16. For the reasons stated below, that motion is GRANTED in part and DENIED in part. BACKGROUND Plaintiffs Dawn, Amber, and Caitlin Corrigan, (collectively “plaintiffs”) bring this action against defendants Town of Brookhaven (the “Town”), its employee Theresa Trejo, and two of its elected officials, Ed Romaine and Neil Foley (collectively “defendants”) based on alleged constitutional violations and state law torts arising out of the Town’s condemnation of plaintiffs’ residence in 2019. See generally Compl., DE 1. Plaintiffs, a family of three, resided at 59 Chestnut Avenue in Patchogue, New York from 2006 until 2019. See id.

18-19. On August 11, 2019, a Suffolk County police officer visited plaintiffs’ home to respond to a 911 call concerning an attempted break-in by a former tenant when plaintiff Caitlin was home alone. Id.

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