Old Dutch Lands, Inc. v. City of New York

Full title: OLD DUTCH LANDS, INC., Appellant-Respondent, v. CITY OF NEW YORK et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 1969

32 A.D.2d 649 (N.Y. App. Div. 1969)

301 N.Y.S.2d 437

Opinion

May 12, 1969

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.