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MTR BREECE v. STATE OF NY

105 Misc.2d 765 (1980)

In the Matter of Louise Breece et al., Claimants, v. State of New York, Defendant. (Claim No. 61049-A.)

Court of Claims.

October 30, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maida M. Asofsky of counsel), for defendant. Sherman P. Rothman for claimants.

GERARD M. WEISBERG, J.

The threshold question is whether the papers submitted by the defendant in support of this motion for dismissal are so inherently defective as to preclude the relief sought.

The State has moved for dismissal pursuant to CPLR 3211 (subd [a], pars 2, 7) and subdivision 3 of section 10 of the Court of Claims Act. The papers consist of a notice of motion, affirmation and exhibits. The affirmation is by one, who, at the time...

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