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Koenigsmark v. State of New York

Court of Appeals of the State of New York
Feb 11, 1982
434 N.E.2d 260 (N.Y. 1982)

Opinion

Argued January 14, 1982

Decided February 11, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JEROME F. HANIFIN, J.

John F. O'Mara for appellant.

Robert Abrams, Attorney-General ( Lew A. Millenbach and Shirley Adelson Siegel of counsel), for respondent.


Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 80 A.D.2d 707).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Judge FUCHSBERG concurs in the following memorandum: Since the very recent decision in Topel v Long Is. Jewish Med. Center ( 55 N.Y.2d 682, 685 [FUCHSBERG, J., dissenting]) would have required that this case be dismissed, not just on the facts as the Court of Claims and the Appellate Division did, but on the law as well, a fortiori, I too vote to affirm though on constraint of that case.


Summaries of

Koenigsmark v. State of New York

Court of Appeals of the State of New York
Feb 11, 1982
434 N.E.2d 260 (N.Y. 1982)
Case details for

Koenigsmark v. State of New York

Case Details

Full title:JEFFREY KOENIGSMARK, Appellant, v. STATE OF NEW YORK, Respondent

Court:Court of Appeals of the State of New York

Date published: Feb 11, 1982

Citations

434 N.E.2d 260 (N.Y. 1982)
434 N.E.2d 260
449 N.Y.S.2d 191

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