Whitmier & Ferris Co. v. Bixby

21 A.D.2d 738 Court N.Y. App. Div. Decision date 1964-05-14 English

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In the Matter of Whitmier & Ferris Co., Inc., v. R. Burdell Bixby, et al., Individually and Constituting the New York State Thruway Authority, Respondents.

Judgment unanimously affirmed, with costs. Memorandum: The petition does not state facts sufficient to entitle appellant to the relief demanded therein and was properly dismissed. (Appeal from a judgment of Erie Special Term dismissing the petition.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.