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MR. PAINT SHOP v. CITY OF ROCHESTER

44 Misc.2d 684 (1964)

Mr. Paint Shop, Inc., Plaintiff, v. City of Rochester et al., Defendants.

Supreme Court, Monroe County.

December 17, 1964

Attorney(s) appearing for the Case

Traynor & Skehan (J. Frank Traynor of counsel), for plaintiff. Nixon, Hargrave, Devans & Doyle (Casper V. Baltensperger of counsel), for City of Rochester, defendant. Brennan, Centner & Palermo (J. Paul Brennan of counsel), for County of Monroe, defendant.

CLARENCE H. BRISCO, J.

There are two motions before the court. The first motion is directed against the answer of the County of Monroe to dismiss the affirmative defense set forth in the answer of the County of Monroe. This affirmative defense is that any action against the county pursuant to section 71 of the General Municipal Law is barred by the provisions of the New York State Defense Emergency Act. (L...

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