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MTR. OF CARROLL-RATNER v. CITY MGR.

54 Misc.2d 625 (1967)

In the Matter of Carroll-Ratner Corporation et al., Petitioners, v. City Manager of New Rochelle et al., Respondents, and J. A. Valenti Electric Co., Inc., Intervenor-Respondent.

Supreme Court, Westchester County.

August 24, 1967

Attorney(s) appearing for the Case

McGovern, Vincent & Connelly for petitioners. Francis S. Claps, Corporation Counsel, for respondents. Gaynor, Freeman, Glick & Pisani for intervenor-respondent.

JOHN H. GALLOWAY, JR., J.

Respondents (hereinafter "the City") move to dismiss that portion of petitioners' reply to their answer designated as "For a Supplement to the Petition", upon the ground that it fails to state — cause of action and is insufficient in law. The intervenor-respondent (hereinafter "Valenti") joins in the motion.

Petitioner sought initially under CPLR article 78, an order in the nature of mandamus awarding a certain...

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