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PARAMOUNT FILM DISTR. v. STATE OF N. Y.

37 A.D.2d 226 (1971)

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

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

July 27, 1971.

Attorney(s) appearing for the Case

E. Compton Timberlake (John R. Davison of counsel), for appellant-respondent.

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

STALEY, JR., and SIMONS, JJ., concur with REYNOLDS, J.; HERLIHY, P. J., and SWEENEY, J., dissent, and vote to reverse and dismiss the claim, in an opinion per HERLIHY, P. J.

REYNOLDS, J.

This is an appeal and cross appeal from a judgment of the Court of Claims in favor of appellant-respondent and an appeal by the State from an order of the Court of Claims, entered December 18, 1967, which vacated a subpoena duces tecum.

Previously this court affirmed the denial of a motion to dismiss the instant claim for failure to state a cause of action and lateness (27 A.D.2d 420). The dissenting...

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