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MATTER OF WELLSVILLE v. SHUTT

60 Misc.2d 386 (1969)

In the Matter of Town of Wellsville, Petitioner, v. Doran Shutt et al., Respondents.

County Court, Allegany County.

April 23, 1969

Attorney(s) appearing for the Case

Cummings & Embser (J. Timothy Embser of counsel), for petitioner. George W. Bliss for Doran Shutt and another, respondents. Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Edward J. Murty, Jr., and Adelbert Fleischmann of counsel), for Niagara Mohawk Power Corporation, respondent.

WILLIAM W. SERRA J.

This is a motion for an order pursuant to CPLR 404 to strike new matter for the answer in a proceeding for the taking of lands by eminent domain under the Condemnation Law of the State of New York and/or summary judgment dismissing the answer as to the Niagara Mohawk Corporation, hereinafter referred to as Niagara Mohawk. The particular allegations sought to be stricken from the answer read...

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