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BICKETT v. BUFFALO BILLS

122 Misc.2d 880 (1983)

Floyd Bickett, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Buffalo Bills, Inc., Defendant.

Supreme Court, Erie County.

December 21, 1983

Attorney(s) appearing for the Case

Raichle, Banning, Weiss & Halpern for defendant. Mattar, D'Agostino, Kogler & Runfola for plaintiff.

VINCENT E. DOYLE, J.

Defendant Buffalo Bills, Inc. (hereinafter Bills) moves for an order dismissing the amended complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7) and based upon documentary evidence (CPLR 3211, subd [a], par 1), or in the alternative, striking the class action allegations (CPLR art 9). Plaintiff opposes this motion.

By May 12, 1982, the plaintiff paid the Bills $130.50, the amount due for season tickets...

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