Opinion
Argued March 22, 1979
Decided May 3, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE L. COBB, J.
Andrew J. Schoen and Martin D. Juvelier for appellant.
Robert Abrams, Attorney-General (Alan W. Rubenstein and Jeremiah Jochnowitz of counsel), for respondent.
MEMORANDUM.
The order appealed from should be affirmed, with costs, for the reasons discussed in the opinion authored by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 62 A.D.2d 23). No contrary result is mandated by section 12 of chapter 617 of the Laws of 1970, for that provision merely preserves preexisting rights and remedies, and has no application to the type of inchoate property interest upon which plaintiff seeks to base its arguments.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.
Order affirmed, with costs, in a memorandum.