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Stuart Realty Co. v. City of New Rochelle

255 A.D. 804 Court N.Y. App. Div. Decision date 1938-10-21 English

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p. 804
Stuart Realty Company, Respondent, v. The City of New Rochelle and John P. Nestler, as Treasurer of the Said City, Appellants, and Municipal Investors, Inc., Defendant.

Action to remove a cloud upon title as a consequence of an assessment upon real property for the construction of gutters in a street in New Rochelle. Order denying motion of appealing defendants to dismiss the complaint on the ground that it states facts insufficient to constitute a cause of action affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.