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MATTER OF ASNESS v. CITY OF NEW YORK

5 Misc.2d 779 (1957)

In the Matter of Henry Asness et al., Copartners Doing Business as Asness Brothers, Petitioners, v. City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

February 15, 1957.

Attorney(s) appearing for the Case

Charles A. Ludlow for petitioners.

Peter Campbell Brown, Corporation Counsel, for respondents.

A. DAVID BENJAMIN, J.

Petitioners seek an order in the nature of mandamus, presumably under article 78 of the Civil Practice Act, directing respondents to remove forthwith the concrete shoulders crossing the north and south boundaries of Crescent Street at its intersection with Conduit Boulevard, and to restore Crescent Street for through use by pedestrian and vehicular traffic. Respondents move to dismiss the petition for insufficiency on its face pursuant...

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