MATTER OF KAYFIELD CONSTR. CORP. v. MORRIS


14 A.D.2d 769 (1961)

In the Matter of Kayfield Construction Corp., Appellant, v. Newbold Morris, as Commissioner of Parks of The City of New York, et al., Respondents

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

October 26, 1961


Order, entered on September 15, 1961, granting respondents' motion to dismiss the petition, unanimously reversed, on the law, on the facts and in the exercise of discretion, without costs, the motion denied, the petitioner granted leave to bring in the Board of Estimate as a party respondent and the respondents are directed to answer the petition within 20 days after the service of the order entered hereon.

Even if we accept the tendered stipulation and look to the...

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