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STATE OF N. Y. v. OLE OLSEN, LTD.

65 Misc.2d 366 (1971)

State of New York et al., Plaintiffs, v. Ole Olsen, Ltd., et al., Defendants.

Supreme Court, Westchester County.

January 12, 1971

Attorney(s) appearing for the Case

Greenberg & Wanderman for defendants. Louis J. Lefkowitz, Attorney-General, for plaintiffs.

MORRIE SLIFKIN, J.

In this action instituted by the Attorney-General of the State of New York against the defendants, in which the plaintiff urges and alleges that the defendants are the authors of a public nuisance, defendants move pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the complaint by reason of the claimed failure of the complaint to state a cause of action against the defendants. The plaintiff cross-moves by a separate motion for leave...

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