Judgment reversed, on the law and the facts, and case remitted to the trial court for adjudication of the action on the merits, with costs to abide the event.
The ground upon which the trial court dismissed the complaint was that Ordinance No. 9 of the Town of Southeast, upon which plaintiffs relied, had not been published in accordance with section 133 of the Town Law. However, the requirements of that section were met in that Ordinance No. 9 was duly passed by the...
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