ASPHALT PAVEMENT v. WHITE


138 Misc.2d 836 (1988)

New York State Asphalt Pavement Association, Inc., Petitioner, v. Franklin E. White, as Commissioner of Transportation of the State of New York, et al., Respondents.

Supreme Court, Albany County.

February 29, 1988


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondents. Hayes & Hayes (Harry R. Hayes, III, of counsel), for petitioner.


HAROLD J. HUGHES, J.

The motion of the respondents to dismiss the petition upon the objections in point of law that no cause of action is stated and that petitioner has failed to join necessary parties, will be denied, without costs.

Petitioner is a not-for-profit corporation comprised of 34 members which derive the primary portion of their business from manufacturing and supplying blacktop paving material...

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