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STATE v. UNITIZED BLDG CORP

91 Misc.2d 278 (1977)

State of New York et al., Plaintiffs, v. Unitized Building Corporation et al., Defendants.

Supreme Court, Dutchess County.

July 28, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Martin H. Schulman of counsel), for plaintiffs. McNamee, Lochner, Titus & Williams, P. C., for Matthew J. Alexander and others, defendants.

JOSEPH JIUDICE, J.

This is a motion by the plaintiffs for an order pursuant to CPLR 3211 (subd [a], par 7) dismissing the affirmative defense and counterclaim asserted by the defendants Alexander et al., upon the ground the same fails to state a cause of action. The plaintiffs further move for an order pursuant to CPLR 3211 (subd [b]) dismissing the "seventh affirmative defense" raised by the defendants...

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