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UNGER v. LEWIS

40 Misc.2d 292 (1963)

Fred C. Unger et al., Plaintiffs, v. Eli Lewis, Defendant.

Supreme Court, Special Term, Queens County.

September 16, 1963

Attorney(s) appearing for the Case

Isidore M. Rodin for plaintiffs. Meiselman, Mishkin & Reilly (Leonard J. Meiselman of counsel), for defendant.

GEORGE W. HERZ, J.

In an action for a permanent injunction, in which plaintiffs seek to restrain and enjoin defendant from erecting and constructing a proposed proprietary nursing home, defendant moves to dismiss the complaint for insufficiency.

Plaintiffs allege that defendant is the owner of two parcels of land acquired by him on January 4, 1961. One of the parcels is vacant and the adjoining parcel...

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