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STERLING OPTICAL CO. v. UNIV. OF STATE OF NEW YORK

56 Misc.2d 54 (1968)

Sterling Optical Co., Inc., et al., Plaintiffs, v. University of the State of New York et al., Defendants, and Milton Marcus et al., Intervenors-Defendants.

Supreme Court, Albany County.

February 29, 1968

Attorney(s) appearing for the Case

Parker, Chapin & Flattau for plaintiffs. Robert D. Stone and Elizabeth M. Eastman for University of the State of New York and others, defendants. Kimmelman, Perkiss & Sexter for intervenors-defendants. Harold Kohn for New York State Optometric Association, amicus curiæ. Sipser, Weinstock & Weinmann for United Optical Workers Union, Local 408, IUE, AFL-CIO, amicus curiæ. Scaduto, Barrata & Solleder for New York State Optical Retailers Association, amicus curiæ. Javits, Trubin, Sillcocks, Edelman & Purcell for Colston Optical of New York, Inc., amicus curiæ.

R. WALDRON HERZBERG, J.

Plaintiffs have filed a proposed judgment and bill of costs and move pursuant to CPLR 8303 (subd. [a], par. 2) for an order granting them an additional allowance of $3,000 to be taxed as costs on the ground that this case was difficult or extraordinary.

The extraordinary nature of this case, its obvious difficulties, and the amount of time and expense necessarily expended in its preparation, apparent from a reading of the...

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