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MTR. OF KAYFIELD CONSTR. v. MORRIS

15 A.D.2d 373 (1962)

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.

February 8, 1962.

Attorney(s) appearing for the Case

Louis E. Yavner of counsel (Nelson Rosenbaum with him on the brief), for appellant.

Leon A. Fischel of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for respondents.

VALENTE, J. P., and McNALLY, J., concur with STEVENS, J.; EAGER, J., concurs in opinion in which VALENTE, J. P. and McNALLY, J., concur; STEUER, J., dissents in opinion.

STEVENS, J.

This appeal is from two orders entered November 24, 1961, at Special Term in an article 78 proceeding. One of the orders dismissed the appellant's petition and the other denied its motion for an injunction pendente lite.

A review of the proceedings will bring this matter in focus. On April 27, 1961, the Board of Estimate passed a resolution relative to the construction of a new service...

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