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Stout v. Moses

258 A.D. 956 Court N.Y. App. Div. Decision date 1940-01-26 English

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p. 956
In the Matter of R. Cheyne Stout, Petitioner, Appellant, for an Order under Article 78, Civil Practice Act, against Robert Moses, Commissioner of Parks, and Another, Respondents.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted to the extent of directing a trial by the court and a jury of the issues of the substantiality of the charges and the bona fides of the action taken thereon. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.