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STODDARD v. TOWN OF MARILLA

46 N.Y.2d 869 (1979)

Gordon I. Stoddard, Appellant, v. Town of Marilla et al., Respondents.

Court of Appeals of the State of New York.

Decided February 8, 1979.

Attorney(s) appearing for the Case

Evan E. James, Raymond F. Roll and Frank S. Kedzielawa for appellant.

George R. Blair and Paul W. Mathias for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.

Order modified, with costs to defendants, by remitting the case to the Supreme Court, Erie County, for the entry of a declaratory judgment in favor of defendants in accordance with the memorandum at the Appellate Division (60 A.D.2d 771; see, also, Town of Pompey v Parker, 44 N.Y.2d 805; cf. Lanza v Wagner, 11 N.Y.2d 317, 334) and, as so modified, order...

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