Summary
adopting Justice Greenblott's opinion
Summary of this case from Primetime Hospitality, Inc. v. City of AlbuquerqueOpinion
Argued September 19, 1978
Decided October 24, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MILTON ALPERT, J.
Carl Golden, Martin Blackman and Alan G. Weiler for appellant.
Louis J. Lefkowitz, Attorney-General (Vernon Stuart and Ruth Kessler Toch of counsel), for respondent.
Judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and the case remitted to the Court of Claims for a new trial on the issue of damages on the concurring in part and dissenting in part opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division (55 A.D.2d, at pp 89-91).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.