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BARRETT v. LEVITT

41 Misc.2d 990 (1964)

Alice Barrett, Plaintiff, v. Arthur Levitt, as Comptroller of the State of New York, Defendant.

Supreme Court, Special Term, Ulster County.

February 13, 1964

Attorney(s) appearing for the Case

Rosen & Rosen (George H. Rosen of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., of counsel), for defendant.

DE FOREST C. PITT, J.

This is a motion brought by the plaintiff for a summary judgment in accordance with the provisions of section 3213 of the Civil Practice Law and Rules. Plaintiff's motion was met by a cross motion by the defendant, Arthur Levitt, as Comptroller of the State of New York, to dismiss plaintiff's action.

The factual situation as the same is pertinent to this motion is as follows: The State of New York appropriated certain parcels...

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