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TOWN OF HEMPSTEAD v. LISTENGART

196 Misc. 858 (1949)

Town of Hempstead, Plaintiff, v. Irving Listengart et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 8, 1949.

Attorney(s) appearing for the Case

J. Gerard McLaughlin for Henry Felton and another, defendants.

John M. Duffy for Joseph Hoffman and others, defendants.

George R. Brennan for plaintiff.

HALLINAN, J.

In this condemnation proceeding, which was brought in the County Court of Nassau County, defendants moved for an order dismissing the petition pursuant to rule 107 of the Rules of Civil Practice. Said motion came on to be heard before the County Judge on December 15, 1948. Before a decision was rendered or an order signed, the County Judge became ill and he filed a certificate that he was incapacitated from holding court during the period...

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