Spadanuta v. Incorporated Village of Rockville Centre

This motion by plaintiff under rule 112 attacks the sufficiency of an affirmative defense and counterclaim pleaded with respect to plaintiff’s fourth cause of action. Briefly, that cause seeks to have the defendant, Mayor Harry Lister of Rockville Centre, return to the village $4,300 which represents the proceeds of a sale of property made by him to the village in 1956. The property was a six-foot-wide strip along the west side of North Centre Avenue purchased in connection with a widening of that street and the price was computed by allowing the Mayor the same unit price which was paid to…