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ATWELL v. POWER AUTH

92 Misc.2d 744 (1977)

Merlin Atwell et al., Plaintiffs, v. Power Authority of the State of New York et al., Defendants.

Supreme Court, Special Term, Franklin County.

December 2, 1977

Attorney(s) appearing for the Case

Lewis R. Bennett and Vito J. Cassan for Power Authority of the State of New York, defendant. Louis J. Lefkowitz, Attorney-General (Edward J. Kelly of counsel) for Raymond T. Schuler and another, defendants. Mahlon T. Clements for plaintiffs.

GUY A. GRAVES, J.

The defendant, Power Authority of the State of New York, hereinafter referred to as the "authority", has moved for a dismissal of the first cause of action on the ground that plaintiffs failed to state a cause of action. The attorneys for plaintiffs and the authority agree that as to the first cause of action, the authority's motion should be treated as a motion for summary judgment. (CPLR...

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