Thrall v. City of Syracuse

Full title: JAMES C. THRALL, JR., Respondent, v. CITY OF SYRACUSE et al., Appellants

Court: Court of Appeals of the State of New York

Date published: Nov 29, 1983

60 N.Y.2d 950 (N.Y. 1983)

471 N.Y.S.2d 51

459 N.E.2d 160

Opinion

Decided November 29, 1983

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS ALOI, J.

David M. Garber, Corporation Counsel ( Robert J. Jenkins of counsel), for appellants.

G. Robert McAllister for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and complaint dismissed for reasons stated in the dissenting memorandum of Justice REID S. MOULE at the Appellate Division ( 96 A.D.2d 715, 716; see, also, Licari v Elliott, 57 N.Y.2d 230, 237).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.