VILL. OF CHESTER v. KANTOD PARK ASS'N, INC.


13 A.D.2d 709 (1961)

Village of Chester, Respondent, v. Kantod Park Association, Inc., Appellant

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

April 24, 1961


Order modified by adding a paragraph granting leave to defendant, within 20 days after entry of the order hereon, to serve a second amended answer repleading its third and fifth defenses. As so modified, order, insofar as appealed from, affirmed, without costs.

As this is an action for equitable relief, all the facts which may preclude the grant of such relief are pertinent and should be clearly stated. Defendant, however, has pleaded conclusions rather than facts...

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