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INSERRA v. CIMINO

17 Misc.2d 883 (1958)

George J. Inserra et al., Plaintiffs, v. Walf J. Cimino et al., Defendants.

Supreme Court, Oneida County.

June 25, 1958.

Attorney(s) appearing for the Case

John E. Flemma for defendants.

Calli & Calli (Joseph Monescalchi of counsel), for plaintiffs.

HENRY A. HUDSON, J.

The defendants have moved pursuant to rules 106 and 107 of the Rules of Civil Practice to dismiss the plaintiffs' complaint.

The action was instituted by the plaintiffs to obtain injunctive relief enjoining and restraining the defendants from constructing a dwelling upon a lot owned by the defendants which adjoins premises owned by the plaintiffs consisting of a house and lot. The...

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