ELAR DEV. CO. v. COUNTY OF SULLIVAN


198 Misc. 834 (1950)

Elar Development Co. Inc., Plaintiff, v. County of Sullivan et al., Defendants.

Supreme Court, Special Term, Sullivan County.

July 12, 1950.


Attorney(s) appearing for the Case

William G. Costa for County of Sullivan, defendant.

Morris M. Oppenheim for plaintiff.


MacAFFER, J.

The defendant, the County of Sullivan, moves to dismiss the complaint herein upon two grounds: (a) that the complaint on the face thereof fails to state facts sufficient to constitute a cause of action; and (b) that the cause of action stated therein is barred by the Statute of Limitations of action.

The complaint purports to set forth two causes of action, the first cause of action against...

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