SWEENEY v. MURPHY


76 Misc.2d 502 (1973)

John M. Sweeney et al., Plaintiffs, v. Robert E. Murphy et al., Defendants.

Supreme Court, Special Term, Herkimer County.

November 30, 1973


Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher for plaintiffs. Philip D. O'Donnell for Robert E. Murphy and another, defendants. Joseph L. Fey for Edwin Leshinski and others, defendants.


JOHN R. TENNEY, J.

The plaintiffs brought an action for declaratory judgment to determine the unconstitutionality of a particular section of the Town Law. The issue was appealed to the Court of Appeals, and the plaintiffs prevailed in the action. In this proceeding, the defendant wishes a clarification regarding the awarding of costs.

Special Term denied the motion for summary judgment, and the defendants...

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