Opinion
Argued February 12, 1975
Decided March 19, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, A. FRANKLIN MAHONEY, J.
Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for appellant.
John R. Davison for respondent.
Order affirmed, without costs (American Locker Co. v City of New York, 308 N.Y. 264, 267; Bathrick Enterprises v Murphy, 27 A.D.2d 215, 216, affd 23 N.Y.2d 664). Although, apart from the historical development in connection with the various amendments of the statute, as it now reads it could be interpreted not to require a physical change of possession, in light of the decisional elaboration any change should be effected legislatively (cf. Matter of American Locker Co. v Gallman, 32 N.Y.2d 175).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.