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DIAMOND v. PETER COOPER CORPS.

65 Misc.2d 82 (1970)

Henry L. Diamond, as Commissioner of Environmental Conservation of the State of New York, Plaintiff, v. Peter Cooper Corporations, Defendant.

Supreme Court, Cattaraugus County.

Supplemental Memorandum, December 18, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Francis J. Keehan of counsel), for plaintiff. Phillips, Lytle, Hitchcock, Blaine & Huber (Robert M. Hitchcock of counsel), for defendant.

JAMES O. MOORE, J.

This action was instituted on February 23, 1970, pursuant to article 12-A of the Public Health Law, to enforce the provisions of that law pertaining to air pollution and the regulations issued pursuant thereto. Subsequent to the joinder of issue, and on April 4, 1970, the plaintiff served a motion for summary judgment. On April 17, 1970, the return day of the motion, the defendant consented...

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