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COMERESKI v. CITY OF ELMIRA

283 A.D. 556 (1954)

Bernard Comereski, Respondent, v. City of Elmira et al., Appellants

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

March 24, 1954.

Attorney(s) appearing for the Case

Harry Moseson for City of Elmira Parking Authority, appellant.

George H. Winner, Corporation Counsel, for City of Elmira and another, appellants.

L. H. Teeter for respondent.

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

IMRIE, J.

Plaintiff brought this taxpayer's action for judgment voiding an agreement of May 8, 1950, between defendants, City of Elmira and the City of Elmira Parking Authority (hereinafter referred to as the Authority), and for incidental injunctive relief. Defendants moved at Special Term for the dismissal of the complaint as failing to state facts sufficient to constitute a cause of action. This appeal is from...

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