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GARIBALDI v. CITY OF YONKERS

198 Misc. 1100 (1949)

George Garibaldi, as Assignee of Wayside Realty Corporation, Plaintiff, v. City of Yonkers, Defendant.

Supreme Court, Special Term, Westchester County.

On reargument, April 13, 1949.

Attorney(s) appearing for the Case

Jerome Beaudrias for plaintiff.

John H. Galloway, Jr., Corporation Counsel (Charles L. Curran of counsel), for defendant.

FLANNERY, J.

Of plaintiff's five points, two have no relevance here because any alleged default or delay of the defendant in the preparation or execution of the executory contract of sale was waived by plaintiff's and his assignor's action thereon and if any of the alleged public acts or remarks of the officials, employees or agents of defendant did harm to plaintiff they were acts and remarks within their and...

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