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BERKEY v. DOWNING

68 Misc.2d 595 (1972)

Arthur L. Berkey et al., Plaintiffs, v. William S. Downing, Jr., et al., Defendants.

Supreme Court, Special Term, Tompkins County.

January 12, 1972

Attorney(s) appearing for the Case

John LoPinto for plaintiffs. Wiggins, Tsapis, Golder & Holmberg (Walter J. Wiggins of counsel), for William S. Downing, Jr., and another, defendants. Edward W. King for Ithaca City School District, defendant.

FREDERICK B. BRYANT, J.

In this action the plaintiffs seek both a declaratory judgment pursuant to CPLR 3001 and 3017 (subd. [b]) and further seek an adjudication declaring the deed given pursuant to a sale to be null and void, that all proceedings of the school district leading up to the delivery of said deed be rescinded, that the defendants, William S. Downing, Jr. and Elaine Downing, make restitution of school property and respond to the Ithaca City...

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