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MTR. OF BD. OF EDUC. v. PACE COLL.

50 Misc.2d 806 (1966)

In the Matter of Board of Education of Union Free School District No. 2 of the Towns of Ossining and Mt. Pleasant, Plaintiff, v. Pace College et al., Defendants.

Supreme Court, Special & Trial Term, Westchester County.

June 16, 1966

Attorney(s) appearing for the Case

Spencer & Tunstead (Edgar A. B. Spencer of counsel), for plaintiff. James Dempsey and Herbert Plaut for Pace College, defendant. Shearman & Sterling for Arthur O. Choate, Jr., and another, defendants. Bernard T. McGivern for New York State School Board Association, Inc., amicus curiæ. Nordlinger, Riegelman, Benetar & Charney (David L. Benetar of counsel), for Association of Colleges and Universities of the State of New York, amicus curiæ.

LEONARD J. SUPPLE, J.

Plaintiff here seeks to condemn for public school purposes approximately 50 acres of unimproved land owned by the defendant Pace College (hereinafter referred to as "Pace"). The answer of the said defendant, in addition to a general denial of the essential allegations of the petition, sets forth a separate and complete defense which extends for eight typewritten pages and which incorporates by reference the current General Bulletin...

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