MATTER OF DOBBINS v. TOWN OF EASTCHESTER


41 A.D.2d 674 (1973)

In the Matter of David F. Dobbins, Appellant, v. Town of Eastchester et al., Respondents

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

February 26, 1973


Judgment and order reversed, on the law, without costs, and proceeding remitted to Special Term for trial in accordance with the views herein set forth.

In our opinion, whether respondent Eastchester Little League, Inc., had been granted the exclusive use of the public property in question in violation of law was a triable issue of fact which should have been tried pursuant to CPLR 7804...

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