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Norwijul Corporation v. Town of Huntington

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 583 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


In a tort action, plaintiffs appeal from an order of the Supreme Court, Suffolk County, dated October 22, 1974, which (1) granted defendants' motions to dismiss the complaint and the amended complaint and (2) granted plaintiffs leave to replead the allegations contained in certain paragraphs of the amended complaint against defendant Joseph T. McDonald, personally. Order modified by deleting from the second decretal paragraph thereof the word "Amended". As so modified, order affirmed, with $50 costs and disbursements to respondents. The modification is required in order to correct a typographical error in the order appealed from and to bring it into conformity with the memorandum decision of Special Term. In all other respects the order must be affirmed, as it is our opinion that the complaint and the amended complaint fail to state a cause of action (see Rottkamp v Young, 21 A.D.2d 373, affd 15 N.Y.2d 831). Gulotta, P.J., Latham, Margett, Damiami and Christ, JJ., concur.


Summaries of

Norwijul Corporation v. Town of Huntington

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 583 (N.Y. App. Div. 1976)
Case details for

Norwijul Corporation v. Town of Huntington

Case Details

Full title:NORWIJUL CORPORATION et al., Appellants, v. TOWN OF HUNTINGTON et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 1976

Citations

51 A.D.2d 583 (N.Y. App. Div. 1976)