GRANT v. TOWN OF KIRKLAND


24 Misc.2d 1087 (1959)

Mark A. Grant et al., Plaintiffs, v. Town of Kirkland, Defendant.

Supreme Court, Special Term, Oneida County.

July 22, 1959.


Attorney(s) appearing for the Case

John B. Cosgrove for plaintiffs. Edward C. Martin for defendant.


HENRY A. HUDSON, J.

The plaintiffs have moved for an order striking out paragraph "Third" of the defendant's answer upon the ground that it is insufficient as a matter of law. Paragraph "Third" of the defendant's answer reads as follows: "As and for a further defense to the plaintiff's alleged cause of action the defendant alleges: That the plaintiff has failed to comply with the requirements of Section 50...

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