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CUNNINGHAM'S SKI SHOP v. BERLE

96 Misc.2d 137 (1978)

Cunningham's Ski Shop, Inc., Plaintiff, v. Peter A. A. Berle, as Commissioner of the Department of Environmental Conservation of the State of New York, Defendant.

Supreme Court, Warren County.

September 21, 1978

Attorney(s) appearing for the Case

McPhillips, Fitzgerald, Meyer & McLenithan (Dennis J. Phillips of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Arthur Patane of counsel), for defendant.

WILLIAM J. QUINN, J.

Plaintiff, Cunningham's Ski Shop, Inc., seeks to permanently restrain defendant from awarding or performing a concession agreement with a higher out-of-State bidder, and that plaintiff be substituted as a high bidder by virtue of its extraordinary and superior contacts with the State of New York.

Defendant cross-moves for an order pursuant to CPLR 3211 (subd [a], par 7), dismissing the complaint of the plaintiff as a matter...

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