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NY FRUIT AUCTION v. CITY OF NY

81 A.D.2d 159 (1981)

New York Fruit Auction Corporation, Respondent, v. City of New York, Appellant

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

June 11, 1981

Attorney(s) appearing for the Case

Judah Dick of counsel (Leonard Koerner with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Barrington D. Parker, Jr., of counsel (Parker Auspitz Neesemann & Delehanty, attorneys), for respondent.

KUPFERMAN, BIRNS, MARKEWICH and FEIN, JJ., concur.

MURPHY, P. J.

The City of New York moved at Special Term for an order dismissing the complaint for legal insufficiency (CPLR 3211, subd [a], par 7) and/or granting it summary judgment (CPLR 3212).

With regard to the first branch of the motion, the verified complaint of plaintiff New York Fruit Auction Corporation (Auction) contains four causes of action. The first cause, containing 20 paragraphs, is founded...

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