121-129 BROADWAY REALTY, INC. v. CITY OF SCHENECTADY


23 A.D.2d 710 (1965)

121-129 Broadway Realty, Inc., Appellant, v. City of Schenectady, Respondent

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

March 12, 1965


MEMORANDUM BY THE COURT.

The legal and factual issues which the trial has now demonstrated to be determinative were among those outlined and discussed in our memorandum decision upon a prior appeal, taken by plaintiff upon denial of its motion for summary judgment, and we need not again define them. (See 17 A.D.2d 1016.) In respect of the critical issues at least, the trial developed no significant evidence beyond that submitted...

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