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MATTER OF COUNTY OF SULLIVAN v. CASE

8 Misc.2d 600 (1957)

In the Matter of County of Sullivan, Petitioner, v. Richard H. Case et al., Defendants.

County Court, Sullivan County.

May 22, 1957.

Attorney(s) appearing for the Case

Irving Bershader, County Attorney, for petitioner.

Lawrence E. Lagarenne for Bushkill Corporation and others, defendants.

Samuel M. Cuddeback for James J. Case and others, defendants.

LAWRENCE H. COOKE, J.

This is a proceeding to condemn certain lands under the Highway Law. Upon the presentation of the petition, petitioner moved to dismiss the answer served and filed by four of the defendants.

It was contended that this proceeding is governed by the provisions of the Highway Law rather than by the Condemnation Law, that no provision is made in the former for an answer, citing in particular...

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