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PRIME ENERGY SOLUTIONS, INC. v. STATE OF NEW YORK

20 Misc.3d 750 (2008)

862 N.Y.S.2d 879

PRIME ENERGY SOLUTIONS, INC., Claimant, v. STATE OF NEW YORK, Doing Business as NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, Defendant. (Claim No. 114736.)

Court of Claims.

June 12, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Roger B. Williams of counsel), for defendant.

Melvin & Melvin, PLLC (Matthew Van Ryn of counsel), for claimant.

OPINION OF THE COURT

FRANCIS T. COLLINS, J.

Defendant moves for dismissal of this claim pursuant to CPLR 3211 alleging the court lacks subject matter jurisdiction, the claim is barred by the doctrines of collateral estoppel or res judicata and that the claim or parts thereof are untimely.

Claimant, Prime Energy Solutions, Inc., alleges that the defendant "State of New York, doing business as the New York...

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