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GUERCIO v. GEROSA

8 A.D.2d 250 (1959)

Joseph F. Guercio et al., Plaintiffs, and Angelo Albanese et al., Respondents-Appellants, v. Lawrence E. Gerosa et al., Constituting The Board of Transportation of the City of New York, et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 4, 1959.

Attorney(s) appearing for the Case

Morris Weissberg of counsel (Lester G. Knopping, Julius A. Hellebrand, William F. Cioffi and John J. De Lury with him on the brief), for respondents-appellants.

Leon A. Fischel of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for appellants-respondents.

BOTEIN, P. J., RABIN, M. M. FRANK and VALENTE, JJ., concur.

STEVENS, J.

These are cross appeals from an order of Special Term entered May 27, 1958.

The plaintiffs-respondents-appellants (herein referred to as "plaintiffs") appeal from so much of the order as dismissed the first cause of action.

Defendants-appellants-respondents (herein called "defendants") appeal from so much of that order as denied their motion to dismiss the second cause of action for...

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