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HLADIK v. TOWN OF MALTA

55 N.Y.2d 786 (1981)

Charles R. Hladik et al., Appellants, v. Town of Malta et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Arnold M. Gordon for appellants.

Michael M. Emminger and Francis E. Lehner for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs, to the extent of denying the motion to dismiss the fifth cause of action set forth in the complaint as against defendant August Roerig, individually.

Except as indicated, we agree with the Appellate Division, and for the reasons stated in the decision of Justice ROBERT C. WILLIAMS at Supreme Court, that the complaint fails to state a cause...

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