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NAT. ADV. CO. v. N. Y. S. THRUWAY

36 Misc.2d 987 (1962)

National Advertising Co., Inc., Plaintiff, v. New York State Thruway Authority, Defendant.

Supreme Court, Special Term, Albany County.

November 7, 1962

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (James P. Walsh of counsel), for defendant. Medwin, Tabner & Carlson (Glen N. Armitage of counsel), for plaintiff.

LOUIS G. BRUHN, J.

This is a motion on behalf of the defendant for an order dismissing the complaint herein on the grounds: 1. The court lacks jurisdiction of the subject matter of the action; 2. The court lacks jurisdiction of the person of the defendant; and 3. That the complaint fails to state a cause of action.

The plaintiff's action is one for a declaratory judgment respecting the constitutionality of section 361-a of the Public Authorities...

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