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  5. 25 N.Y.2d 692 (1969)
 

MATTER OF MOTEL v. SCHUYLER

25 N.Y.2d 692 (1969)

In the Matter of Castaways Motel, Appellant, v. C. V. R. Schuyler, as Commissioner of General Services of the State of New York, Respondent. Power Authority of the State of New York, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Ira M. J. Hovey for appellant.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for respondent.

Thomas F. Moore, Jr. and Lewis R. Bennett for intervenor-respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur; Judges BURKE and GIBSON taking no part.

MEMORANDUM.

On reargument following the court's order allowing the Power Authority of the State of New York to intervene as a respondent on the appeal, facts have been adduced which on the merits would authorize the court at Special Term to dismiss the petition.

Those facts, of course, were not before the court on the prior appeal when the court was required to accept the allegations of the petition in their most...

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