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Matter of Battle v. Lavine

Court of Appeals of the State of New York
Jun 26, 1975
337 N.E.2d 132 (N.Y. 1975)

Opinion

Argued June 12, 1975

Decided June 26, 1975 September 19, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALEXANDER BERMAN, J.

Louis J. Lefkowitz, Attorney-General (Thomas R. McLoughlin of counsel), for appellant. Craig R. Olsen and Leonard S. Clark for respondent.


Order affirmed, without costs, on the concurring opinion by Mr. Justice MARCUS G. CHRIST at the Appellate Division.

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

September 19, 1975

Return of the remittitur requested by the Court of Appeals sua sponte and, when returned, it will be amended to read as follows: Order modified, without costs, in accordance with the concurring opinion by Mr. Justice MARCUS G. CHRIST at the Appellate Division and, as so modified, affirmed.


Summaries of

Matter of Battle v. Lavine

Court of Appeals of the State of New York
Jun 26, 1975
337 N.E.2d 132 (N.Y. 1975)
Case details for

Matter of Battle v. Lavine

Case Details

Full title:In the Matter of LOIS BATTLE, Individually and on Behalf of RAJEIM A…

Court:Court of Appeals of the State of New York

Date published: Jun 26, 1975

Citations

337 N.E.2d 132 (N.Y. 1975)
337 N.E.2d 132
374 N.Y.S.2d 621