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DIAMOND v. MOBIL OIL CORP.

65 Misc.2d 75 (1970)

Henry L. Diamond, as Commissioner of Environmental Conservation of the State of New York, Plaintiff, v. Mobil Oil Corporation, Defendant.

Supreme Court, Erie County.

October 5, 1970

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Olin Harper Le Compte of counsel), for plaintiff. Hodgson, Russ, Andrews, Woods & Goodyear (John Dickinson of counsel), for defendant.

CARMAN F. BALL, J.

This is a motion by the plaintiff for summary judgment pursuant to CPLR 3212 upon the ground that there was no meritorious defense or triable issue of fact as a matter of law. Plaintiff also moves for a trial preference. The defendant moves for an examination before trial, and the defendant moves to strike the note of issue.

This is an action for an injunction pursuant to section 1251...

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