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CITY OF PHILADELPHIA v. COHEN

15 A.D.2d 464 (1961)

City of Philadelphia, Appellant, v. Ralph Cohen, Respondent

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

December 14, 1961

Order and judgment dismissing the complaint, affirmed.

STEUER, J. (dissenting).

The City of Philadelphia brought this action to recover parking lot taxes which defendant, as a parking lot operator in that city, failed to pay. The complaint sets out two causes of action. As to the second, we believe it to be an artificial method of pleading the same matter pleaded in the first cause of action, and it should fail if the first cause of action falls...

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