Old Dutch Lands, Inc. v. City of New York — 32 A.D.2d 649

Majority

p. 649

Old Dutch Lands, Inc., Appellant-Respondent, v. City of New York et al., Respondents, and Ernest Carman et al., Respondents-Appellants, et al., Defendants.

Judgment and order (one paper) of the Supreme Court, Kings County, dated January 12, 1968, modified, on the law, by striking out that portion of the second decretal paragraph which dismissed the amended complaint on the merits (cf. Cahill v. Regan, 4 A D 2d 328 , affd. 5 N Y 2d 292 ; New York Cent. R. R. Co. v. Lefkowitz, 28 A D 2d 735 , affd. 23 N Y 2d 1 ). As so modified, judgment and order affirmed, on the opinion of the Justice at Special Term (Old Dutch Lands v. City of New York, 55 Misc 2d 384 ), with a separate bill of costs to respondents filing separate briefs against appellant-respondent. Six orders of the same court dated April 17, 1968 affirmed, without costs. No opinion. Christ, Acting P. J., Brennan, Rabin, Benjamin and Martuscello, JJ., concur.

Cases cited

Cahill v. Regan 4 A D 2d 328 N.Y. App. Div. 1957-07-15 p. 649
Cahill v. Regan 5 N Y 2d 292 N.Y. 1959-03-05 p. 649
New York Central Railroad v. Lefkowitz 23 N Y 2d 1 N.Y. 1968-10-10 p. 649
Old Dutch Lands, Inc. v. City of New York 55 Misc 2d 384 N.Y. Sup. Ct. 1967-12-29 p. 649