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GAYNOR v. ROCKEFELLER

21 A.D.2d 92 (1964)

Lloyd Gaynor et al., Respondents, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1964.

Attorney(s) appearing for the Case

Joel L. Cohen of counsel (Seymour B. Quel, Morgan N. Lipton and John L. Radlein with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for Robert F. Wagner, as Mayor, and others, appellants.

Samuel A. Hirshowitz of counsel (George D. Zuckerman with him on the brief; Louis J. Lefkowitz, Attorney-General), for Nelson A. Rockefeller, as Governor, and others, appellants.

Walter M. Colleran for Unions, appellants.

Robert L. Carter of counsel (Jerome Rubenstein with him on the brief), for respondents.

McNALLY, J. P., EAGER, STEUER and WITMER, JJ., concur.

STEVENS, J.

Defendants appeal from so much of order entered December 12, 1963 as denied their respective cross motions to dismiss the amended complaint on the ground that it fails to state a cause of action, and that the court has not jurisdiction of the subject matter, etc., pursuant to 3211 Civil Practice Law and Rules.

This is a class action for a declaratory...

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