MATTER OF SIBARCO STATIONS, INC. v. RISMAN


34 A.D.2d 890 (1970)

In the Matter of Sibarco Stations, Inc., Respondent, v. Robert S. Risman et al., Constituting the Board of Safety of The City of Buffalo, Appellants

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

May 21, 1970


Judgment unanimously modified by deleting the second decretal paragraph, and as so modified affirmed, without costs.

Memorandum:

Upon denial of the motion to dismiss, the petitioner's affirmative relief should not have been granted before permitting respondents appellants to answer (CPLR 7804...

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