INC. VILL. OF THOMASTON v. BIENER


84 A.D.2d 781 (1981)

Incorporated Village of Thomaston, Respondent, v. Martin B. Biener et al., Appellants

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

November 16, 1981


Order reversed, on the law, with $50 costs and disbursements, and motion denied. No findings of fact have been presented for review.

In its decision and order Special Term did not expressly furnish a reason for granting plaintiff's motion, except by reference to a certain stipulation, as follows: "In his affidavit in opposition defendant's [sic] attorney places upon the stipulation of October 3, 1977 a restriction which is not contained in said stipulation...

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