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S.A.B. INC. v. STEWART'S

113 Misc.2d 492 (1982)

S. A. B. Enterprises, Inc., Plaintiff, v. Stewart's Ice Cream Company, Inc., et al., Defendants.

Supreme Court, Special Term, Greene County.

April 16, 1982

Attorney(s) appearing for the Case

Curtis, Warren & Fori for Village of Athens, defendant. E. Stewart Jones for plaintiff.

EDWARD S. CONWAY, J.

This is a motion by the defendant Village of Athens, for an order dismissing the complaint as to it, on the grounds that it fails to state a cause of action as to said Village of Athens, and that the claim for damages is barred by the Statute of Limitations and further barred by plaintiff's failure to comply with the General Municipal Law.

The underlying action is brought by the plaintiff pursuant to RPAPL article 15 for judgment...

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