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VIL. OF NYACK v. SPRING VAL. WATER CO.

68 Misc.2d 23 (1971)

Village of Nyack, Plaintiff, v. Spring Valley Water Company Incorporated et al., Defendants.

Supreme Court, Special Term, Albany County.

July 24, 1971

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Angela E. Struglia of counsel), for plaintiff. LeBoeuf, Lamb, Leiby & MacRae (Taylor R. Briggs of counsel), for Spring Valley Water Company Incorporated, defendant. Louis J. Lefkowitz, Attorney-General (Stanley Fishman and Martin H. Schulman of counsel), for Henry L. Diamond, as Commissioner of the New York Department of Environmental Conservation, defendant.

GEORGE L. COBB, J.

Two motions have been made in this action, one by the defendant Henry L. Diamond, Commissioner of the New York Department of Environmental Conservation (hereinafter Commissioner), to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd. [a], par. 7), and the other by the plaintiff for a protective order to vacate the notice to take the deposition of plaintiff served...

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