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NOWACK v. DEPT. OF AUDIT & CONTROL

72 Misc.2d 518 (1973)

John A. Nowack et al., Being Taxpayers of the State of New York and Residents of the City of Rochester for Themselves and on Behalf of People Similarly Situated, Plaintiffs, v. Department of Audit and Control of the State of New York et al., Defendants.

Supreme Court, Monroe County.

January 15, 1973

Attorney(s) appearing for the Case

Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter (William Van Dohlen of counsel), for plaintiffs. Louis J. Lefkowitz, Attorney-General (James H. Sweeny of counsel), for defendants.

EMMETT J. SCHNEPP, J.

In this action for a declaratory judgment and injunctive relief, plaintiffs seek an order restraining the defendants from purchasing premises known as 50 Brown-croft Boulevard in the City of Rochester, New York, pending determination of the issues in the action. Defendants have made a cross motion for judgment dismissing the complaint pursuant to CPLR 3211 (subd. [a], pars. 2, 3, 7 and...

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