149-155 SWAN ST. CORP. v. CITY OF BUFFALO


206 Misc. 372 (1954)

149-155 Swan Street Corporation, Plaintiff, v. City of Buffalo et al., Defendants.

Supreme Court, Special Term, Erie County.

August 26, 1954.


Attorney(s) appearing for the Case

Robert S. Lesher for plaintiff.

William B. Lawless, Jr., Corporation Counsel (Gerald J. Shields of counsel), for City of Buffalo, defendant.

Cyril J. Kavanaugh for Charles J. Fimiani, defendant.

Elmer R. Weil, County Attorney of Erie County (Maurice J. Rumizen of counsel), for County of Erie.


WARD, J.

Defendants move for judgment dismissing the complaint herein pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice on the ground that the cause of action alleged therein did not accrue within the time limited by law for the commencement of such action.

The action is brought under article 15 of the Real Property Law to determine the claim of title by the parties to a certain parcel...

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