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RESOURCE CTR. v. NYSARC, INC.

K1-2007-95.

38 Misc.3d 257 (2009)

953 N.Y.S.2d 816

2009 NY Slip Op 29553

THE RESOURCE CENTER, Plaintiff, [vv] v. NYSARC, INC., Defendant.

Supreme Court, Chautauqua County.

June 10, 2009.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Edward S. Bloomberg of counsel), for plaintiff. Nixon Peabody LLP, Albany ( Daniel J. Hurteau and Elizabeth Byrne-Chartrand of counsel), for defendant.

OPINION OF THE COURT

TIMOTHY J. WALKER, J.

After many months of attempting to resolve the issues underlying this action, and despite several conferences among the parties, their representatives and the court, the parties recently advised the court that further efforts in this regard would be futile.

Plaintiff, the Resource Center (TRC), was formed in September 1958 under the name "Parents and Friends of...

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