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COMICAL CORP. v. CITY UNIV.

650211/08

26 Misc.3d 531 (2009)

890 N.Y.S.2d 809

2009 NY Slip Op 29456

COMICAL ENTERTAINMENT CORPORATION et al., Plaintiffs, v. CITY UNIVERSITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

Decided October 26, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City, for defendant.

Raoul L. Felder, New York City, for plaintiff.

OPINION OF THE COURT

DEBRA A. JAMES, J.

Defendants City University of New York, Queens College Kupferberg Center for the Arts, and Vivian Charlop move to dismiss this action based upon lack of subject matter jurisdiction. Plaintiffs cross-move to transfer this action to the Court of Claims pursuant to CPLR 325 (a).

Education Law § 6224 (4) provides in pertinent part that

"[e]xclusive jurisdiction...

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