MATTER OF VIVENZIO v. CITY OF UTICA


30 A.D.2d 771 (1968)

In the Matter of Rocco M. Vivenzio et al., Respondents, v. City of Utica et al., Appellants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 27, 1968


Appeal unanimously dismissed, with costs to respondents.

Memorandum:

In this article 78 proceeding an order was entered February 27, 1968 determining that seven stated issues of fact exist for trial and a further order was entered March 12, 1968 denying appellants' motion to strike certain paragraphs of the petition as scandalous, prejudicial, irrelevant and immaterial and for judgment dismissing the petition upon various grounds founded upon submitted documentary...

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