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LEGAL AID SOC. v. HENNESSY

101 Misc.2d 1046 (1979)

Frank H. Hiscock Legal Aid Society, Plaintiff, v. Richard A. Hennessy, Jr., as District Attorney of Onondaga County, Defendant.

Supreme Court, Onondaga County.

December 10, 1979.

Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney, defendant pro se, and John A. Cirando for Richard A. Hennessy, defendant. George T. Dunn for plaintiff.

THOMAS ALOI, J.

Both parties request summary judgment pursuant to CPLR 3212, and defendant also moves for dismissal pursuant to CPLR 3211 (subd [a], pars 7, 3) on the grounds that the complaint fails to state a cause of action and that plaintiff lacks capacity to sue.

Plaintiff is a legal services organization which represents over 1,000 indigent criminal defendants each year in City Court, City of...

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