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

114736.

2008 NY Slip Op 28241

PRIME ENERGY SOLUTIONS, INC., Claimant, v. STATE OF NEW YORK, doing business as the New York State Energy Research and Development Authority, Defendant.

Court of Claims of the City of New York.

Decided June 12, 2008.

Attorney(s) appearing for the Case

Melvin and Melvin, PLLC, By: Matthew Van Ryn, Esquire, for Claimant.

Honorable Andrew M. Cuomo, Attorney General, By: Roger B. Williams, Esq., Assistant Attorney General, for Defendant.

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 State Energy Research and Development Authority" (hereinafter NYSERDA or...

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