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GOLDBERG v. COUNTY OF WESTCHESTER

199 Misc. 859 (1951)

Gus Goldberg et al., Plaintiffs, v. County of Westchester, Defendant. Marvin Sternbach et al., Plaintiffs, v. County of Westchester, Defendant.

Supreme Court, Special Term, Westchester County.

March 14, 1951.

Attorney(s) appearing for the Case

Harry G. Herman, County Attorney (Francis J. Morgan of counsel), for defendant.

Barney Rosenstein, O. John Rogge, William L. Patterson, Alfred L. Tanz, Bella S. Abzug, Michael B. Atkins and Albert H. Socolof for plaintiffs.

BAILEY, J.

The County of Westchester as defendant in each of these actions moves to dismiss the complaints on the ground that it appears on the face thereof that each complaint fails to state a cause of action.

The actions are brought pursuant to the authority of section 71 of the General Municipal Law and seek damages for property alleged to have been destroyed by mob or riot. The motions are based upon...

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