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ORGANEK v. STATE OF NEW YORK

151 Misc.2d 78 (1991)

Emanuel Organek et al., Claimants, v. State of New York et al., Defendants. (Claim No. 81739.)

Court of Claims.

May 22, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Kent L. Mardon of counsel), for defendants. Eaton & Van Winkle (Jonathan A. Chase of counsel), for claimants.

HENRY W. LENGYEL, J.

On February 13, 1991, the defendants made application for an order pursuant to CPLR 3211 (a) (1), (2) and (7) dismissing this claim on the grounds that the claim fails to state a cause of action and that the court lacks subject matter jurisdiction; or, in the alternative, for summary judgment in favor of the defendant.

Motion for summary judgment is granted in part for the following...

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