GEROSA v. LONG ISLAND R. R. CO.


207 Misc. 360 (1955)

Lawrence E. Gerosa, Individually and as Comptroller of The City of New York, et al., Plaintiffs, v. Long Island Rail Road Company, Defendant.

Supreme Court, Special Term, New York County.

February 21, 1955.


Attorney(s) appearing for the Case

Saxe, Bacon, O'Shea & Bryan (William J. O'Shea, Bernard Sobol, Lawrence Chaffee, Henry J. Kennedy and Charles F. McGuire of counsel), for defendant.

Leo A. Larkin, Acting Corporation Counsel, for plaintiffs.


DINEEN, J.

Defendant moves to dismiss the amended complaint for insufficiency pursuant to rules 112 and 113 of the Rules of Civil Practice and for judgment on the pleadings pursuant to section 476 of the Civil Practice Act and also to declare chapter 824 of the Laws of 1954 constitutional and valid. Chapter 824 was enacted at an extraordinary session of the Legislature relating to railroads qualifying as railroad development corporations. The plaintiffs...

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