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LOTTO v. LONG IS. LIGHT. CO.

84 Misc.2d 347 (1975)

Gerald L. Lotto, Suing on Behalf of Himself and All Other Similarly Situated Customers of Long Island Lighting Company, et al., Plaintiffs, v. Long Island Lighting Company, Defendant, and Town of Islip, Intervenor-Defendant.

Supreme Court, Special Term, Suffolk County.

November 10, 1975

Attorney(s) appearing for the Case

Edward M. Barrett for defendant. Francis G. Caldeira, Town Attorney, for intervenor-defendant.

ALBERT A. OPPIDO, J.

The defendant, Long Island Lighting Company (LILCO) has moved to dismiss the cross complaint brought by the Town of Islip (ISLIP) on the grounds that it has a defense founded upon documentary evidence; that the court has no jurisdiction over the subject matter of the cause of action; and that the complaint fails to state a cause of action (CPLR 3211, subd [a], pars 1, 2 and 7).

ISLIP...

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