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SENGELAUB v. TOWN OF SMITHTOWN

29 Misc.2d 655 (1961)

Frances Sengelaub, as a Taxpayer of the Town of Smithtown, Suffolk County, Plaintiff, v. Town of Smithtown et al., Defendants.

Supreme Court, Special Term, Suffolk County.

April 12, 1961

Attorney(s) appearing for the Case

Henry G. Wenzel, III, for plaintiff. Bernard J. Campbell for Town of Smithtown and another, defendants. Cahn & Cahn for Robert A. Brady, defendant. Jacob I. Goodstein for Colonial Sand & Stone Co., Inc., and another, defendants.

THOMAS P. FARLEY, J.

In this taxpayer's action pursuant to section 51 of the General Municipal Law, two motions are made by defendants to dismiss the complaint for insufficiency. One motion is made on behalf of the Town Board of the Town of Smithtown and the other on behalf of defendant Brady. The remaining defendants in the action are Colonial Sand & Stone Co., Inc., hereinafter referred to as Colonial...

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