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HIGHER EDUC v. SADIE BROWN'S

107 Misc.2d 653 (1981)

New York State Higher Education Services Corporation, Plaintiff, v. Sadie Brown's Collegiate Institute, Inc., Doing Business as Collegiate Business Institute, et al., Defendants.

Supreme Court, Special Term, Albany County.

February 3, 1981

Attorney(s) appearing for the Case

M. S. & I. S. Isaacs for Sadie Brown's Collegiate Institute, Inc., and others, defendants. Blumenthal & Lynne for Joshua Shuchatowitz, defendant. Jonathan I. Rabinowitz for plaintiff.

LAWRENCE E. KAHN, J.

This is a motion for an order pursuant to CPLR 3211 (subd [a], par 3) granting defendant's motion to dismiss the complaint upon the ground that plaintiff has no legal capacity to sue.

The basis for said motion purports to lie in the provisions of section 665 (subd 4, par d) of the Education Law. Said provision relates to the plaintiff's recovery of funds wrongfully paid under its Tuition Assistance Program. Said provision...

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