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FISHER v. CITY OF SYRACUSE

78 Misc.2d 124 (1974)

Donald M. Fisher et al., as Trustees under the Will of Bernard Fisher, Deceased, et al., Plaintiffs, v. City of Syracuse et al., Defendants. (Action No. 1.) Sidney Bluman, Individually and as Executor of Israel Hurwitz, Deceased, Plaintiff, v. City of Syracuse et al., Defendants. (Action No. 2.)

Supreme Court, Onondaga County.

March 27, 1974

Attorney(s) appearing for the Case

Harold T. Limpert for defendants. Raphael, Searles, Vischi & Sackman for plaintiffs.

WILLIAM R. ROY, J.

The defendants in each of the above-entitled actions have moved, pursuant to CPLR 3211, to dismiss the complaints on the ground that they fail to state a cause of action. Since both cases involve common questions of law and fact, this court will consider them together.

In considering these motions to dismiss, the court will apply the rules of liberal construction of the pleadings ...

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