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CITY OF BUFFALO v. S. BD. OF EQUALIZATION

44 Misc.2d 716 (1964)

City of Buffalo et al., Plaintiffs, v. State Board of Equalization and Assessment et al., Defendants, and Baltimore and Ohio Railroad Company et al., Intervenors-Defendants.

Supreme Court, Special Term, Albany County.

December 15, 1964

Attorney(s) appearing for the Case

Ralph Saft, Corporation Counsel, for plaintiffs. Louis J. Lefkowitz, Attorney-General (Joseph A. Romano of counsel), for State of New York, defendant. Sullivan & Cromwell (David W. Peck, Edward W. Keane and Robert E. Barnett of counsel), for intervenors-defendants.

JOHN H. PENNOCK J.

This is a motion by the movant parties for an order pursuant to CPLR 1012 (subd. [a], par. 2) and 1013, granting the intervention as of right and/or intervention by the court's permission. If leave to intervene is granted, the movant parties also pray for leave to move to dismiss the complaint pursuant to CPLR 3211 (subd. [a], pars. 3, 7) on the ground that plaintiffs have no capacity to sue...

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