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JOS. STEIER, INC. v. CITY OF N. Y.

65 Misc.2d 296 (1970)

Joseph Steier, Inc., Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

December 7, 1970

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel, for defendant. Slavin & Hersch for plaintiff.

ARNOLD G. FRAIMAN, J.

This is a motion by defendant to dismiss the complaint for failure to state a cause of action, pursuant to CPLR 3211 (subd. [a], par. 7). Plaintiff opposes the motion, and as it is entitled to do, seeks summary judgment in its own behalf (4 Weinstein-Korn-Miller, N. Y. Civ Prac., par. 3211.50). By its complaint, plaintiff asks for a judgment declaring that it is entitled to possession and use of certain premises at the Bronx Terminal...

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