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GAIR v. PECK

6 Misc.2d 739 (1957)

Harry A. Gair et al., Plaintiffs, v. David W. Peck et al., Individually and as Justices of the Appellate Division of the Supreme Court of the State of New York in and for the First Judicial Department, Defendants.

Supreme Court, Special Term, New York County.

June 14, 1957.

Attorney(s) appearing for the Case

Howard Hilton Spellman, Samuel G. Fredman and Henry A. Weinstein for plaintiffs.

Louis J. Lefkowitz, Attorney-General (James O. Moore, Jr., of counsel), for defendants.

Copal Mintz for New York County Lawyers Association, amicus curiæ, in support of plaintiffs' position.

David Stein and Harry Cohen for Bronx County Bar Association, amicus curiæ, in support of plaintiffs' position.

Louis H. Samuels, amicus curiæ, in support of defendants' position.

HAROLD A. STEVENS, J.

This is a motion by plaintiffs for summary judgment pursuant to subdivision 9 of rule 113 of the Rules of Civil Practice. Though the defendants did not file a cross motion we may, under the rules, award judgment dismissing the complaint on the merits if we deem it warranted.

The plaintiffs contend that the defendants "were and are without power to promulgate or enforce Rule 4 of...

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