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VACCO v. SPITZER

179 Misc.2d 584 (1998)

685 N.Y.S.2d 583

Dennis C. Vacco, Individually and as a Candidate for the Office of Attorney-General of the State of New York, Plaintiff, v. Eliot Spitzer et al., Defendants.

Supreme Court, Albany County.

December 14, 1998

Attorney(s) appearing for the Case

Fisher, Fisher & Berger, New York City (Stanley Kalmon Schlein of counsel), and Martin E. Connor, Brooklyn, for Eliot Spitzer, defendant. Thomas J. Spargo, East Berne, for plaintiff.

THOMAS W. KEEGAN, J.

This is a motion by the defendant Eliot Spitzer which seeks to dismiss the complaint in this declaratory judgment action for failure to state a cause of action.

This court, in an exercise of its discretion, and mindful of the need to expedite this matter, has given notice of its intention to treat Mr. Spitzer's motion as one for summary judgment.

As the parties are aware...

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