Dur-Bar Realty Company v. City of Utica

Full title: DUR-BAR REALTY COMPANY, Appellant, v. CITY OF UTICA, Respondent

Court: Court of Appeals of the State of New York

Date published: Jul 6, 1978

44 N.Y.2d 1002 (N.Y. 1978)

408 N.Y.S.2d 502

380 N.E.2d 328

Opinion

Argued June 6, 1978

Decided July 6, 1978

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD ARONSON, J.

Daniel S. Cohen for appellant. Lawrence P. George, Corporation Counsel (Charles N. Brown of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Julius Feinstein, Ruth Kessler Toch, Stanley Fishman and Peter G. Crary of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.

Order affirmed, with costs, on the opinion by Mr. Justice HARRY D. GOLDMAN at the Appellate Division ( 57 A.D.2d 51).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.