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MUNCIE CONSTR. v. MID-ATL. CORP.

79 Misc.2d 615 (1974)

Muncie Construction Corp., Plaintiff, v. Mid-Atlantic Development Corp. et al., Defendants.

Supreme Court, Special Term, Albany County.

July 29, 1974

Attorney(s) appearing for the Case

Steiner & Steiner (Louis-Jack Pozner of counsel), for plaintiff. Richard M. Meyers for Mid-Atlantic Development Corp. and others, defendants. John E. Roe, Corporation Counsel (Raymond E. Marinelli of counsel), for Erastus Corning, II, and others, defendants.

A. FRANKLIN MAHONEY, J.

This is a CPLR 3211 motion to dismiss both the original and amended complaint on the following grounds: (a) to dismiss all seven causes of action in the original complaint on the ground that the complaint was amended after the time it could be amended "as of course" and without court order and, further, that the amended complaint was only served upon the Corporation Counsel of the City...

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