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BRAUER v. CITY OF NEW YORK

41 Misc.2d 543 (1963)

Walter Brauer et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

December 4, 1963

Attorney(s) appearing for the Case

Kleeberg & Greenwald (Jacob Greenwald of counsel), for plaintiffs. Leo A. Larkin, Corporation Counsel, for defendant.

SIDNEY A. FINE, J.

Upon the foregoing papers this motion is granted to the extent of striking out the answer and directing an assessment of the plaintiffs' damages. Under section 480 of the Civil Practice Act plaintiffs would have been entitled to interest, the action being one at law (Village of Elmira Heights v. Town of Horseheads, 234 App. Div. 270, 274, affd. 260 N.Y. 507). Although subdivision (a) of section 5001 of the Civil Practice Law...

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