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BELOTT v. STATE OF NEW YORK

49 Misc.2d 501 (1966)

John Belott, Plaintiff, v. State of New York et al., Defendants.

Supreme Court, Special Term, Saratoga County.

March 7, 1966

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard S. Tolhurst of counsel), for State of New York, defendant. Simon, Rosch, Brown & Wait (Joseph E. Rosch of counsel), for plaintiff.

CHARLES M. HUGHES, J.

The defendant State of New York (hereinafter referred to as the State) has moved for a judgment dismissing the complaint in the above-entitled action as against the State of New York on the grounds specified and pursuant to the provisions of CPLR 3211 (subd. [a], pars. 5, 7 and 8).

The State's position is based on the following three contentions: (1) that the plaintiff herein has been precluded by judgment of the Court of...

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