Majority
p. 876Wayside Nurseries, Inc., Individually and as Assignee of Wayside Nurseries Landscape Division Corp., Respondent, v. State of New York, Appellant. (Claim No. 47595.) Argued June 5, 1974; decided June 26, 1974.
p. 877
Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for appellant.
Harold M. Halpern and Robert A. Sandler for respondent.
Judgment affirmed, with costs, on the opinion at the Appellate Division.
Concur: Chief Judge Breitel and Judges Jasen, Jones, Wachtler, Rabin and Stevens. Taking no part: Judge Gabrielli.