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FUTTERMAN v. NYS NURSES ASSN.

124 Misc.2d 693 (1984)

Mark L. Futterman, Plaintiff, v. New York State Nurses Association, Defendant.

Supreme Court, Erie County.

May 1, 1984

Attorney(s) appearing for the Case

Harder Silber & Gillen (Jeffrey D. Gillen of counsel), for defendant. Sargent & Repka, P. C. (Nicholas T. Sargent of counsel), for plaintiff.

THOMAS F. McGOWAN, J.

Defendant New York State Nurses Association (NYSNA) moves to dismiss this declaratory judgment action pursuant to CPLR 3211. The only significant ground of the several advanced in support of the motion is that the complaint fails to state a cause of action. Defendant has submitted a 21-paragraph affidavit together with numerous exhibits. Plaintiff, in addition to his verified complaint, has submitted an affidavit in opposition to...

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