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TOWN OF HEMPSTEAD, Respondent, v. IRVING LISTENGART, Defendant, and HENRY FELTON et al., Appellants.

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.

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TOWN OF HEMPSTEAD v. LISTENGART
(Oct 11, 1948)