PRESS v. COUNTY OF MONROE


72 A.D.2d 915 (1979)

Elliott H. Press et al., Respondents, v. County of Monroe et al. Appellants

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

November 16, 1979


Order reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Defendants appeal from an order denying their motion to dismiss plaintiffs' complaint and directing an immediate trial of the issues pursuant to CPLR 3211 (subd [c]). Plaintiffs are the owners of 135 garden apartments located in the Town of Gates and within the boundaries of defendant sewer district. In their action for a declaratory judgment commenced on June 28, 1978 plaintiffs...

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