STATE OF NEW YORK v. HERSCHOWSKY


124 A.D.2d 338 (1986)

State of New York, Appellant, v. Norman Herschowsky et al., Respondents. (And Two Other Related Actions.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 16, 1986


Casey, J.

The order should be affirmed. We agree with Special Term that the records submitted by the State are not sufficiently free from ambiguity to justify an award of summary judgment for the amount claimed to be due by the State on certain lottery ticket consignment transactions. Indeed, the need to include supplemental explanations upon both the motion for reargument and this appeal to explain inconsistencies, ambiguities and gaps in the State's...

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