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RASON ASPHALT, INC. v. TOWN OF OYSTER BAY

3 A.D.2d 944 (1957)

Rason Asphalt, Inc., Respondent, v. Town of Oyster Bay, Appellant. (Action No. 1.) Rason Asphalt, Inc., Respondent, v. Town of Oyster Bay, Appellant. (Action No. 2.)

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

May 27, 1957

Order affirmed, with $10 costs and disbursements.

The causes of action alleged in the two complaints are substantially the same, the complaint in Action No. 2 merely adding allegations to show compliance with the requirements of section 65 of the Town Law. Costs in Action No. 1 have been paid or tendered. Under these circumstances, granting leave to proceed on the second complaint can in no way be said to prejudice or harass appellant. The Special Term properly exercised...

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