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ST OF NY v. SULLIVAN COUNTY

84 Misc.2d 765 (1975)

State of New York, Plaintiff, v. County of Sullivan et al., Defendants.

Supreme Court, Special Term, Albany County.

December 10, 1975

Attorney(s) appearing for the Case

Milton Levine and Robert P. Roche for County of Sullivan, defendant. Appelbaum & Eisenberg (Harold J. Bauman of counsel), for Town of Thompson, defendant. Louis J. Lefkowitz, Attorney-General (Mordecai Bressler of counsel), for plaintiff.

EDWARD S. CONWAY, J.

This is a motion by the defendants for an order dismissing the plaintiff's complaint pursuant to CPLR 3211 (subd [a], par 7) on the grounds that the complaint fails to state a cause of action as to defendant County of Sullivan, and pursuant to CPLR 3211 (subd [a], par 5) on the grounds that collateral estoppel requires that the action be dismissed.

There is also a motion by the Town...

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