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PFINGST v. STATE OF NEW YORK

85 Misc.2d 689 (1976)

Joseph P. Pfingst, Claimant, v. State of New York, Defendant. (Claim No. 59863.)

Court of Claims.

March 4, 1976

Attorney(s) appearing for the Case

Joseph P. Pfingst, claimant pro se. Louis J. Lefkowitz, Attorney-General (Douglas S. Dales of counsel), for defendant.

EDWARD J. AMANN, JR., J.

The claimant, appearing pro se, seeks an order granting summary judgment pursuant to CPLR 3212. He alleges that only an issue of law exists and therefore, summary judgment may properly be granted.

The defendant, the State of New York, cross-moves pursuant to CPLR 2215 and CPLR 3211 (subd [a], pars 2, 5, 7) for an order dismissing the claim on the grounds that: (1) the...

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