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McAVOY v. DI LEO

43 Misc.2d 164 (1964)

Harold V. McAvoy et al., Respondents, v. Anna Di Leo et al., Appellants. (Action No. 1.) City of New Rochelle, Plaintiff, v. Frank Di Leo, Defendant. (Action No. 2.)

Supreme Court, Appellate Term, Second Department.

April 22, 1964

Attorney(s) appearing for the Case

Howard H. Schrecke for appellants. Fasso & Belserene (Thomas N. Fasso of counsel), for respondents.

Concur — BENJAMIN, GULOTTA and McDONALD, JJ.

Per Curiam.

Section 205-a of the General Municipal Law is not available to the plaintiffs in the situation here disclosed.

The order denying defendants' motion to dismiss the second cause of action in each complaint should be unanimously reversed, without costs, and motion granted.

Order...

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