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TOWN OF AMHERST v. NIAG. FRONT. AUTH.

19 A.D.2d 107 (1963)

Town of Amherst et al., Appellants, v. Niagara Frontier Port Authority, Respondent

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

July 1, 1963.

Attorney(s) appearing for the Case

Raichle, Moore, Banning & Weiss (Frank G. Raichle of counsel), for appellants.

Ohlin, Damon, Morey, Sawyer & Moot (Richard E. Moot of counsel), for respondent.

WILLIAMS, P. J., McCLUSKY and HENRY, JJ., concur.

BASTOW, J.

Plaintiffs seek a declaration that the proposed extension of a runway at the Buffalo airport for use by "jet" planes is a public nuisance and that such proposed action should be permanently enjoined. Defendant appeared specially and moved (1) to strike the complaint upon the ground that it is a legal entity not subject to the jurisdiction of Supreme Court (Civ. Prac. Act, § 237-a) and (2) to dismiss the complaint on the ground that the...

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