JOHNSON v. CROWN HEIGHTS CMTY. CORP.


39 A.D.2d 889 (1972)

Shellman Johnson, Appellant, v. Crown Heights Community Corporation et al., Respondents

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

June 27, 1972


Unanimously reversed, on the law, without costs and without disbursements, the motion to dismiss the petition for insufficiency denied, and the matter is remanded to Special Term for further proceedings, with leave to respondents to serve and file an answer (see CPLR 7804, subd. [e]).

The petition raises a question as to whether petitioner's procedural and substantive rights were violated, which cannot be determined as a matter of law upon the bare allegations of...

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