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COUNTY OF ERIE v. CITY OF BUFFALO

4 N.Y.2d 96 (1958)

County of Erie, Appellant, v. City of Buffalo, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

Elmer R. Weil, County Attorney (John S. Ryan and Wortley B. Paul of counsel), for appellant.

John J. Naples, Corporation Counsel (William J. Ostrowski of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE concur.

FROESSEL, J.

This is an action for a declaratory judgment. Plaintiff-appellant, County of Erie (hereinafter sometimes called County), moved for judgment on the pleadings under rule 112 of the Rules of Civil Practice. A like cross motion was made by defendant-respondent, City of Buffalo (hereinafter sometimes called City). Special Term granted both motions in part, reducing...

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