FREEMAN v. LAMB


63 Misc.2d 231 (1970)

Hyman B. Freeman et al., Plaintiffs, v. Frank T. Lamb et al., as Councilmen of the City of Rochester, et al., Defendants.

Supreme Court, Special Term, Monroe County.

June 2, 1970


Attorney(s) appearing for the Case

Hogan & Regan (John Manning Regan of counsel), for defendants. Warren, Case, Weingartner, Yorks & Boomer (James H. Boomer of counsel), for Hyman B. Freeman and another, plaintiffs. John B. McCrory for Michael W. Roche, plaintiff.


CARROLLTON A. ROBERTS, J.

This is an application by defendants for an order granting summary judgment against plaintiffs. Plaintiffs oppose the motion and argue that summary judgment should not be granted. Although the answer and complaint left certain factual issues unresolved, the stipulation of Thomas Ryan, Jr., for himself and on behalf of the remaining defendants (actual defendants rather than nominal defendants at the time of the argument of this...

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