Legal Opinion · Dissent

Lefkowitz v. Raymond Lee Organization, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1978Published

1Dissent

Murphy, P. J.,

dissents in a memorandum as to the order entered March 2, 1978, as follows: The Attorney-General seeks injunctive relief against the corporate defendant on the ground that it is unlawfully practicing law (Judiciary Law, §§ 476-a, 495). Although the Attorney-General is named as the party plaintiff, the State of New York is the real party in interest. The Attorney-General is merely suing in a protective capacity as counsel for the State. (CPLR 1301, 1303; cf. People v Volkswagen of Amer., 41 AD2d 827, mot for lv to app dsmd 33 NY2d 648; 21 Carmody-Wait 2d, NY Prac, §§ 126:1,…

2Cases cited7 opinions

  1. Wardius v. OregonSupreme Court of the United States · 1973
  2. People v. RichardsonNew York Court of Appeals · 1977
  3. Kaplan v. KaplanNew York Court of Appeals · 1972
  4. People v. Bestline Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  5. People v. Volkswagen of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1973

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