GULEST ASSOC. v. TOWN OF NEWBURGH


25 Misc.2d 1004 (1960)

Gulest Associates, Inc., Plaintiff, v. Town of Newburgh et al., Defendants.

Supreme Court, Orange County.

December 12, 1960.


Attorney(s) appearing for the Case

Weiner & Marks for plaintiff. Scott & Hoyt for defendants. John R. Davison for New York State Home Builders Association, Inc., amicus curiæ.


HUGH S. COYLE, J.

In this action for declaratory judgment and injunctive relief plaintiff, a domestic corporation engaged in developing real property in the Town of Newburgh, Orange County, New York, moves for an order under rule 113 of the Rules of Civil Practice striking defendants' answer and granting summary judgment.

Leave to file a brief and to orally argue in support of the motion has been granted to New York State Home Builders Association...

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