FREAD v. CITY OF NEW YORK


72 Misc.2d 61 (1972)

Stella Fread, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

November 2, 1972


Attorney(s) appearing for the Case

Rapaport Brothers (Henry N. Rapaport of counsel), for plaintiff. Norman Redlich, Corporation Counsel (Gary B. Baker of counsel), for defendant.


NATHANIEL T. HELMAN, J.

This is a motion by plaintiff for an order pursuant to CPLR 3212 striking defendant's answer and granting summary judgment.

The action was originally commenced in the form of an article 78 proceeding. However, by order dated March 28, 1972, plaintiff's application was denied, but the proceeding was converted and permitted to continue as a plenary action.

In substance, plaintiff seeks a declaration nullifying a tax...

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