PAGANO, INC., v. NEW YORK LIFE INS. CO.


198 Misc. 598 (1950)

Pagano, Inc., et al., Plaintiffs, v. New York Life Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

June 23, 1950.


Attorney(s) appearing for the Case

Dudley Davis, Charles M. Swezey, Philip J. Lynch and John G. Duport for defendant.

Raymond J. McGrover for plaintiffs.


McNALLY, J.

Motion by the defendant, pursuant to rule 113 of the Rules of Civil Practice, for an order dismissing the complaint is denied. The action is paraphrased in the defendant's brief as "* * * a tort action * * * on the ground that in order to prevent plaintiffs from using their land for any purpose that might affect the value of defendant's premises and to depress the value of plaintiffs' property * ...

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