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MONTGOMERY WARD & CO. v. PEOPLE

279 A.D. 85 (1951)

Montgomery Ward & Co., Incorporated, Respondent, v. The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble and Nichols for respondent.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Thomas Burke and A. W. Feinberg of counsel), for appellant.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.

BREWSTER, J.

This is an action brought against the defendant, The People of the State of New York, under article 15 of the Real Property Law, to compel the determination of a claim to real property. The People appeal from an order which denied their motion under rule 106 of the Rules of Civil Practice for a dismissal of the complaint upon the grounds that it appears on the face thereof that the court is without...

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