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KELLY v. CHESTER FIRE DIST.

116 Misc.2d 334 (1982)

Michael Kelly, as a Taxpayer of the Town of Chester, County of Orange, et al., Plaintiffs, v. Chester Fire District, Defendant.

Supreme Court, Orange County.

August 24, 1982

Attorney(s) appearing for the Case

Robert N. Isseks, P. C., for plaintiffs. Malvin T. Davidson for defendant.

IRVING A. GREEN, J.

In an equity action seeking judgment against the defendant for an accounting and for a decree that the moneys found upon such accounting held by the defendant be impressed with a trust for the benefit of the plaintiff for the purchase of an ambulance for plaintiff's use, and for other relief, the defendant cross-moves the court, pursuant to CPLR 3211 (subd [a], par 7) or 3211 (subd [c]) for an order

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