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NYACK RURAL CEMETERY v. STATE OF N. Y.

32 Misc.2d 828 (1962)

Nyack Rural Cemetery, Inc., Claimant, v. State of New York, Defendant. (Claim No. 39210.)

Court of Claims.

March 12, 1962

Attorney(s) appearing for the Case

Anthony F. Avallone for claimant. Louis J. Lefkowitz, Attorney-General (Douglas S. Rider of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

This is a motion for an order dismissing the claim upon the ground which appears upon the face thereof that it does not state facts sufficient to constitute a cause of action against the State of New York, and upon the further ground that the claim is barred by the Statute of Limitations. Although not so stated in the notice of motion, the first portion of the motion is made pursuant to subdivision 4 of rule 106 of the Rules of...

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