MATTER OF FELLNER v. McMURRAY


41 A.D.2d 853 (1973)

In the Matter of Michael Fellner et al., Respondents-Appellants, v. Joseph P. McMurray et al., Appellants-Respondents In the Matter of Edward C. De Vito, Sr., Respondent, v. Joseph S. Murphy et al., Appellants

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

April 30, 1973


Resettled judgment modified, on the law, by striking the first, second and third decretal paragraphs thereof, which denied petitioners' applications to withhold payment of part of the consolidated fees and directed respondents to pay to the City University Construction Fund fees received from students attending Queens College. As so modified, resettled judgment affirmed insofar as appealed from, without costs and with leave to petitioners to join the necessary parties within...

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