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TN OF NEW WINDSOR v. STATE

101 Misc.2d 522 (1979)

Town of New Windsor, Claimant, v. State of New York et al., Defendants. (Claim No. 63183.)

Court of Claims.

October 24, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Kent L. Mardon of counsel), for defendants. Santemma, Costigan & Murphy (Jon N. Santemma of counsel), for claimant.

THOMAS J. LOWERY, JR., J.

The State of New York seeks an order dismissing the claim on the grounds that the court lacks subject matter jurisdiction (22 NYCRR 1200.20 [a] [2]; CPLR 3211, subd [a], par 2) and that the claim fails to state a cause of action (22 NYCRR 1200.20 [a] [1]; CPLR 3211, subd [a], par 7), or in the alternative, for summary judgment in favor of the State (CPLR 3212). The claimant, by cross...

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