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PARAMOUNT FILM v. STATE OF N. Y.

27 A.D.2d 420 (1967)

Paramount Film Distributing Corp., Respondent, v. State of New York, Appellant. (Claim No. 45976.)

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

May 15, 1967.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Ruth Kessler Toch of counsel), for appellant.

John R. Davison and Leonard Kaufman for respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur in opinion per REYNOLDS, J; HERLIHY, J., dissents and votes to reverse and dismiss in an opinion.

REYNOLDS, J.

This is an appeal from an order of the Court of Claims (REUSS, J.), denying the State's motion to dismiss the claim on the ground that it fails to state a cause of action or alternatively to dismiss that portion of the claim which relates to payments made before May 24, 1965 on the ground that the Court of Claims lacks jurisdiction.

On June 10, 1965, the Court of Appeals in Matter of Trans...

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