Order denying appellants' motion, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state facts sufficient to constitute a cause of action, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs.
The plaintiff is the owner of several lots which are shown on the defendant city's master plan (General City Law, § 28-a) as lying within the boundaries of a proposed parkway. It is alleged that...
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