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MATTER OF POULOS v. MINETTI

197 Misc. 611 (1949)

In the Matter of William Poulos, Petitioner, v. G. Joseph Minetti, as Commissioner of Marine and Aviation of The City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

November 14, 1949.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Harry E. O'Donnell and Samuel K. Handel of counsel), for G. Joseph Minetti, as Commissioner of Marine and Aviation of the City of New York, respondent.

Francis J. Mahoney for petitioner.

Emanuel Friedman for 389 Eighth Avenue Restaurant Corp., respondent.

HECHT, J.

Respondent, commissioner of marine and aviation of the city of New York, moves to dismiss the petition herein on the grounds (a) that it fails to state facts sufficient to constitute grounds for the relief sought, and (b) that it is insufficient as a matter of law. On familiar principles, the allegations of the petition are deemed admitted on this motion. These allegations are as follows:

Petitioner...

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