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MTR. OF CATALDO v. TOWN OF HEMPSTEAD

25 Misc.2d 489 (1960)

In the Matter of Philip Cataldo et al., Petitioners, v. Town of Hempstead, Respondent.

Supreme Court, Special Term, Nassau County.

June 10, 1960.

Attorney(s) appearing for the Case

Jules B. St. Germain for petitioners. John A. Morhous, Town Attorney, and Robert D. Bell for respondent.

WILLIAM R. BRENNAN, JR., J.

In this special proceeding under section 197 of the Highway Law, applicants seek the appointment of three commissioners to assess damages to their property allegedly resulting from a change of grade of the abutting town highway.

The Town of Hempstead raises separate defenses, the first of which is in effect a general denial, and the remaining of which are: a failure of petitioners...

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