HALLOCK v. STATE OF NEW YORK


68 Misc.2d 211 (1971)

Carlton G. Hallock et al., Plaintiffs, v. State of New York et al., Defendants.

Supreme Court, Special Term, Schoharie County.

December 7, 1971


Attorney(s) appearing for the Case

Thomas F. Moore, Jr., for Power Authority of State of New York, defendant. John R. Davison for Perini Corporation and another, defendants. Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., of counsel), for State of New York, defendant. Quartararo & Quartararo (Anthony M. Quartararo of counsel), for plaintiffs.


T. PAUL KANE, J.

In an action for a declaratory judgment, defendants move to dismiss the complaint upon the grounds that the court lacks jurisdiction of the subject matter, the complaint fails to state a cause of action, and the State is not a necessary or proper party (CPLR 3211, subd. [a], pars. 2, 5, 7). Plaintiffs cross-move for summary judgment (CPLR 3211, subd. [c]).

Plaintiffs were the owners...

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