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509 SIXTH AVE. CORP. v. N. Y. C. TR. AUTH.

27 Misc.2d 989 (1960)

509 Sixth Avenue Corp., Plaintiff, v. New York City Transit Authority et al., Defendants.

Supreme Court, Special Term, New York County.

December 19, 1960

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Sol W. Aronson and Alfred Selter of counsel), for City of New York, defendant. Daniel T. Scannel and L. Charles Leonard for New York City Transit Authority, defendant. M. Carl Levine, Morgulas & Foreman for plaintiff.

HENRY EPSTEIN, J.

This is a motion by defendant to dismiss the complaint pursuant to rules 106 and 107 of the Rules of Civil Practice upon the grounds that the complaint does not state facts sufficient to state a cause of action and that the cause of action was not commenced within the time limited by law for the commencement of the action; that the claim set forth in the complaint has been released.

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