VIL. OF NISSEQUOGUE v. MEIXSELL


55 Misc.2d 1069 (1968)

Incorporated Village of Nissequogue, Plaintiff, v. Edward Meixsell et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 31, 1968


Attorney(s) appearing for the Case

Reilly, Like & Schneider for defendants. Richard C. Cahn for plaintiff.


JOHN P. COHALAN, JR., J.

Defendants move (1) to cancel and vacate the notice of pendency of action filed herein and (2) to dismiss the complaint for insufficiency as a matter of law, pursuant to CPLR 3211 (subd. [a], par. 7). No. 1 is granted and No. 2 is denied. Plaintiff's cross motion for summary judgment is denied.

The complaint prays for judgment enjoining and restraining defendants from selling or offering for sale, lease or rent any part...

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