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PROSPECT ENTERS. v. PEOPLE

76 Misc.2d 856 (1974)

Prospect Enterprises, Inc., Plaintiff, v. The People of the State of New York et al., Defendants.

Supreme Court, Schoharie County.

February 1, 1974

Attorney(s) appearing for the Case

F. Walter Bliss and James L. Gage, for plaintiff. Louis J. Lefkowitz, Attorney-General (Murray Susswein of counsel), for defendants.

JOHN T. CASEY, J.

This case is presented to this court in a context that differs from the motion previously decided by Mr. Justice HUGHES. On that motion the defendants moved to dismiss the complaint for insufficiency, before service of their respective answers. The motion was denied and the answers served. Now, the defendants' motion, although addressed squarely to the sufficiency of the complaint, is one for...

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