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N. Y. ST. WTR. RES. COMM. v. LIBERMAN

37 A.D.2d 484 (1971)

New York State Water Resources Commission, Appellant-Respondent, v. Leonard B. Liberman, Respondent-Appellant

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

December 1, 1971.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Stanley Fishman, Ruth Kessler Toch and Julius Feinstein of counsel), for appellant-respondent.

MacKenzie, Smith, Lewis, Michell & Hughes (Barry M. Shulman of counsel), for respondent-appellant.

GREENBLOTT, COOKE, SWEENEY and SIMONS, JJ., concur.

STALEY, JR., J. P.

These are cross appeals (1) by the plaintiff from that part of the order of the Supreme Court at Special Term, entered October 7, 1968 in Tompkins County, which denied plaintiff's motion to dismiss the first, third, fourth, fifth, and seventh defenses alleged in defendant's answer, and (2) by the defendant from that part of the order which granted the motion to dismiss the second defense alleged...

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