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HURD v. ERIE COUNTY

34 A.D.2d 289 (1970)

Bradley J. Hurd, as a Taxpayer of The County of Erie, Appellant, v. Erie County et al., Respondents

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

May 14, 1970.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes and Paul B. Zuydhoek of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak and Frederick A. Muller of counsel), for Kenford Company Inc., and another, respondents.

Robert E. Casey, Jr., County Attorney (William Straub of counsel), for Erie County and others, respondents.

GOLDMAN, P. J., WITMER, BASTOW and HENRY, JJ., concur.

GABRIELLI, J.

From an adverse determination of the Supreme Court at Special Term dismissing his complaint for a failure to state a case of action and a denial of his application for a preliminary injunction, plaintiff appeals and seeks to have declared void a certain contractual arrangement between the defendants herein.

This taxpayer's action was instituted against the County of Erie, its County Executive...

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