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O'SHEA v. HANSE

3 Misc.2d 212 (1954)

J. Vincent O'Shea, Plaintiff, v. Gilbert C. Hanse, as Mayor of the Village of Babylon, et al., Defendants.

Supreme Court, Suffolk County.

November 16, 1954.

Attorney(s) appearing for the Case

Lester B. Lipkind for plaintiff.

Wilbur H. Schneider, Arthur L. Milligan, George J. Aspland and Joseph F. O'Neill for Gilbert C. Hanse, as Mayor, and others, defendants.

L. BARRON HILL, J.

This is a motion by the Board of Trustees of the Village of Babylon individually and as members of said board to dismiss the second cause of action as set forth in the first complaint of a consolidated action on the ground that it appears on the face of the complaint that the facts as stated in said second cause of action are not facts sufficient to constitute a cause of action. The cause of...

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