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BELOTT v. STATE

40 A.D.2d 729 (1972)

John Belott, Appellant, v. State of New York, Defendant, and Artue Brothers, Inc., Defendant and Third-Party Plaintiff-Respondent. James A. Messina, Third-Party Defendant

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

October 19, 1972

Appellant commenced this action against the State and respondent on June 4, 1965. The State successfully moved to dismiss the action as to it. For five years this action remained dormant at appellant's request while he pursued his remedies against the State in the Court of Claims. In December, 1970, after appellant served his bill of particulars and for the first time stated that he was relying on a theory of conversion, this motion followed. The sole issue is whether the...

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