Town of Hempstead v. Listengart
This text of 274 A.D. 899 (Town of Hempstead v. Listengart) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a condemnation proceeding, order of the County Court, Nassau County, striking out affirmative defenses and granting judgment on the pleadings, modified on the law by striking out all ordering paragraphs other than the first, and by providing, in lieu thereof, that the motion for judgment on the pleadings is denied, without costs. As so modified, the order is unanimously affirmed, without costs. The denials of the material allegations of the complaint cannot be attacked on a motion under rule 112 of the Rules of - Civil Practice for judgment on the pleadings. Present — Carswell, Acting P. J., Johnston, Nolan, Sneed and Wenzel, JJ.
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Cite This Page — Counsel Stack
274 A.D. 899, 82 N.Y.S.2d 640, 1948 N.Y. App. Div. LEXIS 3953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-hempstead-v-listengart-nyappdiv-1948.