This Memorandum of Law was submitted in opposition to Defendants’ Cross-Motion for an Order granting Summary Judgment seeking an order that VTL §388 should be found unconstitutional. As stated herein and in the Affirmation of Kenneth S. Fink (also filed with jdsupra.com) in opposition to said Cross-Motion, VTL §388 has repeatedly been held to be constitutional and the Cross-Motion should be denied in its entirety.
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