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KLEE v. ERIE CO. WATER AUTH.

72 Misc.2d 31 (1972)

Lucille Klee, as Administratrix of The Estate of Andrew Klee, Deceased, Plaintiff, v. Erie County Water Authority et al., Defendants.

Supreme Court, Erie County.

November 10, 1972

Attorney(s) appearing for the Case

McDonough, Boasberg, McDonough & Beltz (Paul Beltz of counsel), for plaintiff. Hodgson, Russ, Andrews, Woods & Goodyear (William Larson of counsel), for Erie County Water Authority, defendant. Phelps, Gray, Mansour & Hewitt (Salem G. Mansour of counsel), for Nussbaumer & Clark, Inc., defendant.

NORMAN A. STILLER, J.

The question squarely before this court is: Should Special Term entertain a motion for summary judgment after a case has been on the calendar for three years and the attorneys have been ordered to pick a jury?

The answer of Special Term is "No".

The chronology of events is as follows:

June 19, 1967 — Cause of action accrued. Approximately August...

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