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NAPOLITANO v. TOWN OF CHILI

47 Misc.2d 920 (1965)

Carl Napolitano, as Administrator of The Estate of John Napolitano, Deceased, et al., Plaintiffs, v. Town of Chili et al., Defendants.

Supreme Court, Monroe County.

May 22, 1965

Attorney(s) appearing for the Case

Zurett, Sullivan, Smith, Gough & Skipworth for Town of Chili, defendant. Neil F. Bubel for Town of Gates, defendant. Roder, Schiano & Poyzer (Charles A. Schiano of counsel), for plaintiffs.

CLARENCE H. BRISCO, J.

The defendant, the Town of Chili, has made a motion for judgment dismissing the complaint pursuant to CPLR 3211 (subd. [a]) upon the ground that the complaint fails to state a cause of action and for other and further relief.

The defendant, the Town of Gates, has made a motion for an order granting judgment dismissing the complaint of the plaintiffs, upon the merits, upon the ground that the complaint herein does not state...

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