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NANCE v. TOWN OF OYSTER BAY

54 Misc.2d 274 (1967)

John Nance, Plaintiff, v. Town of Oyster Bay et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 19, 1967

Attorney(s) appearing for the Case

Henry W. Schober for plaintiff. Bernard F. McCaffrey, Town Attorney, for Town of Oyster Bay, defendant. Foley & Martin for United States Dredging Corporation, defendant. Milton Lipson, defendant in person. Charles T. Matthews for Town of Huntington, defendant.

BERNARD S. MEYER, J.

By this application the allowance of counsel fees and disbursements to plaintiff's counsel in a taxpayer's action brought pursuant to section 51 of the General Municipal Law is sought. The town resists the application on the law and asks that the legal question be first determined, and that the matter be set for hearing if the legal question is determined adversely to its contention. The...

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