MATTER OF DAVLEE CONSTR. CORP. v. TOWN OF HUNTINGTON


16 A.D.2d 974 (1962)

In the Matter of Davlee Construction Corp. et al., Respondents, v. Town of Huntington et al., Appellants

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

June 25, 1962


Order modified on the law by striking out the three decretal paragraphs, and by substituting therefor one decretal paragraph denying the motion of the town and the Town Board to dismiss the petition for legal insufficiency, with leave to them to serve and file an answer to the petition. Their time to file such answer is extended until 20 days after entry of the order hereon. As so modified, order affirmed, without costs.

In our opinion, the petition herein is legally...

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