Appellate Division of the Supreme Court of New York, 1941

McCarthy v. City of Syracuse

McCarthy v. City of Syracuse
Appellate Division of the Supreme Court of New York · Decided May 7, 1941
262 A.D. 800; 29 N.Y.S.2d 135; 1941 N.Y. App. Div. LEXIS 5903
McCarthy v. City of Syracuse

Opinion of the Court

Order reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs. All concur, except Crosby, P. J., and MeCum, J., who dissent and vote for affirmance. (The order denies defendant’s motion for judgment on the pleadings in an action for a declaratory judgment determining the legality of an assessment against plaintiffs’ property for street widening purposes.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

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