NY PARKS v. VANTAGE


106 Misc.2d 416 (1980)

New York State Office of Parks and Recreation et al., Plaintiffs, v. Vantage Petroleum Corporation, Defendant.

Supreme Court, Special Term, Albany County.

August 19, 1980


Attorney(s) appearing for the Case

Van Nostrand & Martin for defendant. Robert Abrams, Attorney-General (James B. Tuttle of counsel), for plaintiffs.


ROGER J. MINER, J.

Defendant moves to dismiss the complaint in this action for lack of subject matter jurisdiction, contending "that the causes of action are exclusively governed by the Emergency Petroleum Allocation Act of 1973, as amended." In a cross motion plaintiffs request that the court "treat the motion as one for summary judgment pursuant to Rule 3211 (c) CPLR, grant summary judgment to the plaintiffs on the complaint, and order an immediate...

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