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KEC CORP. v. ST. ENVIRON. FAC.

76 Misc.2d 170 (1973)

KEC Corp., Plaintiff, v. New York State Environmental Facilities Corporation et al., Defendants.

Supreme Court, Special Term, Albany County.

December 5, 1973

Attorney(s) appearing for the Case

Martin, Bloom & Van De Walle (James Sawyer of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Lawrence Fox of counsel), for New York State Environmental Facilities Corporation, defendant. Jarvis, Pilz, Buckley & Treacy (Eugene Schaffel and Peter C. Buckley of counsel), for Burns Brothers Contractors, Inc., defendant.

HAROLD J. HUGHES, J.

The defendant Burns Brothers Contractors, Inc. has moved to dismiss plaintiff's third cause of action on the ground that plaintiff lacks capacity to sue and upon the further ground that the complaint fails to state a cause of action. The plaintiff has cross-moved for partial summary judgment against the defendant New York State Environmental Facilities Corporation (EFC) on its first cause...

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