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THOMPSON CONSTR. v. DORMITORY AUTH.

48 Misc.2d 296 (1965)

Thompson Construction Corp., Plaintiff, v. Dormitory Authority of the State of New York et al., Defendants.

Supreme Court, Special Term, Albany County.

October 5, 1965

Attorney(s) appearing for the Case

McClung, Peters & Simon (Thomas F. Burke of counsel), for plaintiff. Charles A. Brind, Jr., and George B. Farrington for Dormitory Authority of the State of New York, defendant. Herzog, Nichols, O'Brien & Leahy (Arthur W. Bedell of counsel), for Hambly Construction Co., Inc., defendant.

LAWRENCE H. COOKE, J.

In this action for a permanent injunction (referred to as such in plaintiff's brief at page 1), plaintiff moves for a temporary injunction and defendant Dormitory Authority of the State of New York cross-moves for summary judgment.

The material facts are not in dispute. This is obvious from plaintiff's brief which states: "There is absolutely no dispute among the three parties as to the facts in this action", and from that...

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