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KUNTZ v. OLYMPIC ORG. COMM.

148 Misc.2d 649 (1990)

William Kuntz, Iii, et al., Plaintiffs, v. Lake Placid Olympic Organizing Committee of 1980, Inc., et al., Defendants.

Supreme Court, Albany County.

October 3, 1990

Attorney(s) appearing for the Case

John M. Clarke for New York Telephone Company, defendant. William Kuntz, III, for plaintiffs.

JOSEPH HARRIS, J.

Defendant, New York Telephone Company, moves for dismissal of plaintiffs' action, pursuant to CPLR 3012 (b), for plaintiffs' failure to serve a complaint on demand.

Plaintiffs commenced the instant action, seeking damages for breach of contract, breach of implied contract, restraint of trade and commerce, and R.I.C.O., by service of a summons on defendant New York Telephone Company on April 4, 1990. On April 20, 1990, defendant...

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