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BLOOM v. CITY OF NEW YORK

78 Misc.2d 1077 (1974)

Philip Bloom et al., Doing Business as Phil's Liquor Store, et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Individual Calendar, New York County.

June 7, 1974

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Jack Cherril and Elliot Mermelstein of counsel), for defendant. Kelner, Stelljes & Glotzer (Gilbert S. Glotzer of counsel), for plaintiffs.

HAROLD BAER, J.

This is a motion for an order dismissing the complaint pursuant to CPLR 3211 (subd. [a], par. 7) on the grounds that the complaint fails to state a cause of action.

This is an action brought on behalf of numerous store owners whose premises were vandalized and destroyed during the civil disturbances which occurred in the spring of 1968. The motion to dismiss is predicated on the settled proposition that absent statutory authority...

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