General
Stuart Realty Company, Respondent, v. The City of New Rochelle and John P. Nestler, as Treasurer of the Said City, Appellants, and Municipal Investors, Inc., Defendant
255 A.D. 804·New York Supreme Court, Appellate Division·1938·NY
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Opinion
Stuart Realty Company, Respondent, v. The City of New Rochelle and John P. Nestler, as Treasurer of the Said City, Appellants, and Municipal Investors, Inc., Defendant.
[MAJORITY]
Action to remove a cloud upon title as a consequence of an assessment upon real property for the construction of gutters in a street in New Rochelle. Order denying motion of appealing defendants to dismiss the complaint on the ground that it states facts insufficient to constitute a cause of action affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.