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ROCHESTER PARK v. CITY OF ROCHESTER

38 Misc.2d 714 (1963)

Rochester Park, Inc., Plaintiff, v. City of Rochester, Defendant.

Supreme Court, Special Term, Monroe County.

March 20, 1963

Attorney(s) appearing for the Case

Schlesinger & Teller and Moser, Johnson & Reif (Ludwig Teller and Alan J. Underberg of counsel), for plaintiff. Arthur B. Curran, Corporation Counsel (Lewis Weinstein of counsel), for defendant.

CLARENCE J. HENRY, J.

This is a motion on behalf of the defendant City of Rochester, under rule 113 of the Rules of Civil Practice, for summary judgment dismissing the complaint herein, and for a summary declaratory judgment in favor of the defendant upon a counterclaim contained in the answer.

The action was commenced on or about November 20, 1962, and is predicated upon an alleged breach, by the city...

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