795 FIFTH AVE. CORP. v. CITY OF NEW YORK


13 A.D.2d 733 (1961)

795 Fifth Avenue Corporation et al., Respondents, v. City of New York et al., Appellants

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

May 9, 1961


Order entered on September 27, 1960, denying defendant's motion to dismiss the complaint for insufficiency, unanimously reversed on the law, with $20 costs and disbursements to appellants, and the motion to dismiss the complaint granted, with $10 costs, with leave, however, in the exercise of discretion, to replead.

The letting of park property for restaurant purposes does not in and of itself constitute an improper use of such property (Gushee v. City of New York...

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