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STATE v. MONARCH CHEMS.

111 Misc.2d 343 (1981)

State of New York et al., Plaintiffs, v. Monarch Chemicals, Inc., et al., Defendants.

Supreme Court, Broome County.

August 10, 1981

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Hamilton S. White of counsel), for Lee Knowles, Inc., defendant. Robert Abrams, Attorney-General (Catherine R. McCabe of counsel), for State of New York, plaintiff. Daniel L. Gorman for Town of Vestal and another, plaintiffs. Chernin & Gold and Groben, Liddy, Cardamone & Gilroy for Monarch Chemicals, Inc., and others, defendants.

HOWARD A. ZELLER, J.

Defendant Lee Knowles, Inc., moves to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 2) upon the ground the court lacks subject matter jurisdiction, and in the alternative to dismiss pursuant to CPLR 3211 (subd [a], par 3) and 1003 upon the grounds the State lacks the legal capacity to bring this action, or in the alternative, is not a proper party plaintiff; in the alternative...

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