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BEREAN v. TOWN OF LLOYD

3 A.D.2d 585 (1957)

Harold Berean, Respondent, v. Town of Lloyd et al., Defendants, and Town Board of the Town of Lloyd et al., Impleaded Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 8, 1957.

Attorney(s) appearing for the Case

Andrew Wright Lent for appellants.

John J. McCourt for respondent.

BERGAN, COON and GIBSON, JJ., concur; HALPERN, J., concurs in the result. [See post, p. 962.]

FOSTER, P. J.

This appeal is denominated as one taken by the Town Board of the Town of Lloyd and the members of the Town Board of the Town of Lloyd as the governing body of the Sewer District of the Town of Lloyd, from a part of an order of the Supreme Court, Ulster County Special Term. That part of the order appealed from recites:

"that plaintiff serve supplemental summons and amended complaint in the...

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