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HIGBY ENTERS. v. CITY OF UTICA

54 Misc.2d 405 (1967)

Higby Enterprises, Inc., Plaintiff, v. City of Utica, Defendant.

Supreme Court, Special Term, Oneida County.

July 31, 1967

Attorney(s) appearing for the Case

George L. Betro, Corporation Counsel, for defendant. Abelove & Myers for plaintiff.

RICHARD J. CARDAMONE, J.

This is a motion to dismiss the plaintiff's complaint pursuant to CPLR 3211 (subd. [a], par. 7) on the ground that the pleading fails to state a cause of action.

The plaintiff's complaint seeks to recover damages allegedly sustained by the plaintiff corporation as a result of claimed negligent acts of the Common Council and the executive branch of the defendant municipality...

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