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KEYSTONE ASSOC. v. STATE OF N. Y.

39 A.D.2d 176 (1972)

Keystone Associates, Appellant, v. State of New York, Respondent. (Claim No. 49592.)

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

June 1, 1972.

Attorney(s) appearing for the Case

Bergreen & Bergreen (David Brady, Bernard D. Bergreen and Abraham Hornstein of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Grace K. Banoff of counsel), for respondent.

GREENBLOTT and SWEENEY, JJ., concur with HERLIHY, P. J.; COOKE and REYNOLDS, JJ., dissent and vote to affirm in an opinion by REYNOLDS, J.

HERLIHY, P. J.

This is an appeal from an order of the Court of Claims, entered on June 26, 1970, which granted respondent's motion, pursuant to CPLR 3211, to dismiss appellant's claim.

Claimant appeals from an order of the court dismissing the instant claim against the State on the grounds that the court does not have jurisdiction of the subject matter and that the claim failed to state a cause of action...

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