In re City of New York v. State of New York [1st Dept 2001

Full title: IN RE CITY OF NEW YORK, PETITIONER-RESPONDENT, FOR A JUDGMENT, ETC. v. THE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 2001

(N.Y. App. Div. May. 1, 2001)

Opinion

May 1, 2001.

Order and judgment (one paper), Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered June 16, 1999, reversed, on the law, without costs, respondent's cross-motion to dismiss this proceeding granted and the consolidated proceeding dismissed except to the extent that it is declared that the phrase "such city" within the provisions of Highway Law § 349-c(8-a) does not include the City of New York.

Ellen B. Fishman, for Petitioner-Respondent.

Deon J. Nossel, for Respondents-Appellants.

Before: Sullivan, P.J., Nardelli, Ellerin, Lerner, Friedman, JJ.

All concur.

Opinion by Nardelli, J.

Order filed.