ITALIAN HOME FED'N v. KELLY


12 Misc.2d 33 (1958)

Italian Community Home Federation, Inc., Plaintiff, v. Harold F. Kelly, Chief of Police of the City of Syracuse, Defendant.

Supreme Court, Onondaga County.

July 7, 1958.


Attorney(s) appearing for the Case

Smith & Sovik for plaintiff.

George T. Driscoll, Corporation Counsel (Arthur Beach of counsel), for defendant.


WILLIAM E. McCLUSKY, J.

Two motions are involved herein. The first in point of time is one for a temporary injunction against the defendant; the second motion is one under rule 106 of the Rules of Civil Practice to dismiss the complaint.

The salient facts of the controversy are that the plaintiff is a membership corporation, nonprofit in its operations and reputedly charitable in its purposes. It owns property at No. 226 West Genesee Street in...

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