It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion with respect to the sixth cause of action and reinstating that cause of action against respondents-defendants Karlotta Z. Comerford, as Assessor of Town of DeWitt, Board of Assessment Review of Town of DeWitt and Town of DeWitt and as modified the order is affirmed without costs.
Memorandum:
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