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GORDON v. GEROSA

16 Misc.2d 710 (1959)

David A. Gordon et al., Plaintiffs, v. Lawrence E. Gerosa, as Comptroller of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

February 19, 1959.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Leroy Mandle of counsel), for defendants.

Sahn, Shapiro & Epstein (Sol Charles Levine and Milton E. Sahn of counsel), for plaintiffs.

ARON STEUER, J.

Defendants are fiscal officers of the city. They move to dismiss the complaint on various grounds. The plaintiffs are agents in the live poultry business. As such they receive from their principals birds for sale, sell and deliver them to slaughterhouses. In so doing they put the birds in coops. The complaint alleges that these coops are bought by plaintiffs and are not returned to them by the...

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