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PUB. INTEREST v. LEVITT

90 Misc.2d 670 (1977)

New York Public Interest Research Group, Inc., et al., Plaintiffs, v. Arthur Levitt, As Comptroller for the State of New York, et al., Defendants.

Supreme Court, Special Term, Albany County.

June 14, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon of counsel), for Arthur Levitt, defendant. Robert G. Lyman, County Attorney, for County of Albany, defendant. John E. Roe, Corporation Counsel, for City of Albany, defendant. Dennis A. Kaufman for plaintiffs.

EDWARD S. CONWAY, J.

These are three motions by the defendants, Comptroller of the State of New York, County of Albany and the City of Albany, pursuant to CPLR 3211 (subd [a], pars 3, 5, 7), for an order dismissing the complaint herein on the grounds that plaintiffs lack legal capacity to sue the County and City of Albany, that the action is barred by the Statute of Limitations, and that the complaint fails to state a cause of action; or, in the alternative...

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