CAULDWELL-WINGATE CO. v. CITY OF NEW YORK


205 Misc. 625 (1954)

Cauldwell-Wingate Company, Appellant, v. City of New York, Respondent.

Supreme Court, Appellate Term, First Department.

February 4, 1954.


Attorney(s) appearing for the Case

Herbert S. Greenberg for appellant.

Denis M. Hurley, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondent.

HAMMER and HOFSTADTER, JJ., concur.


HECHT, J.

Plaintiff appeals from an order entered in the Municipal Court, Manhattan, first district, denying its motion for summary judgment. The same order also denied defendant's motion for similar relief. Although defendant did not appeal from the order, it requests this court to reverse the order insofar as it denied the relief it sought and grant summary judgment in its favor.

It is conceded by both parties that the sole issue presented to...

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