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COUNTY LAWYERS' ASSN v. STATE

192 Misc.2d 424 (2002)

745 N.Y.S.2d 376

NEW YORK COUNTY LAWYERS' ASSOCIATION, Plaintiff, v. STATE OF NEW YORK et al., Defendants.

Supreme Court, New York County.

May 3, 2002.

Attorney(s) appearing for the Case

Davis Polk & Wardwell (Frank S. Mosely of counsel), for plaintiff.

Eliot Spitzer, Attorney General (Carolyn Cairns Olson of counsel), for State of New York, defendant.

Michael A. Cardozo, Corporation Counsel (Jonathan Pines of counsel), for City of New York, defendant.

OPINION OF THE COURT

LUCINDO SUAREZ, J.

Equity and the administration of justice are at the core of this litigation. Herein lay two competing jurisprudential doctrines: the promise of Gideon1 pitted against the organic law that each branch of government should be free from interference by either of the other.

The issue in this motion for a preliminary injunction...

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