NEW YORK WATER SERV. CORP. v. CITY OF NEW YORK


201 Misc. 594 (1951)

New York Water Service Corporation, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

December 19, 1951.


Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel, for defendant.

Robert L. Boehm for plaintiff.


COHALAN, J.

Motion to strike the complaint on the ground that the same fails to state facts sufficient to constitute a cause is denied. The complaint as drawn seeks recovery for breach of contract. The contract relied upon was a franchise held by plaintiff to supply water in a part of the Greater City. The breach pleaded is the failure of defendant to issue permits required by plaintiff to carry on its business under the franchise. Whether or not in such...

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