BEVELANDER v. TOWN OF ISLIP


13 Misc.2d 329 (1958)

William Bevelander, Plaintiff, v. Town of Islip et al., Defendants.

Supreme Court, Special Term, Suffolk County.

June 25, 1958.


Attorney(s) appearing for the Case

Leon J. Tepper for plaintiff.

George F. X. McInerney, Town Attorney, for Town of Islip, defendant.

Westerbeke, Fallon & Schrader for Shellfish, Inc., defendant.


L. BARRON HILL, J.

Plaintiff brings this action pursuant to the provisions of section 51 of the General Municipal Law to set aside a lease made between defendant Town of Islip and defendant Shellfish, Inc., leasing town lands under water for the purpose of shell fishing.

The defendants herein move for an order pursuant to rule 107 of the Rules of Civil Practice to dismiss the action on the ground that it is barred by the Statute of Limitations...

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