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Di Matteo v. State

40 N.Y.2d 978 Court N.Y. Decision date 1976-11-30 Docket Claim No. 54277 English

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p. 978
Bernard M. Di Matteo et al., Appellants, v State of New York, Respondent.
(Claim No. 54277.)
Argued October 19, 1976;
decided November 30, 1976
p. 979
Nathaniel Rubin for appellants.
Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

Order reversed, with costs, and the judgment of the Court of Claims reinstated for the reasons stated in the opinion by Judge Daniel Becker at the Court of Claims.

Concur: Chief Judge Breitel and Judges Gabrielli, Wachtler, Fuchsberg and Cooke. Judges Jasen and Jones dissent and vote to affirm on the opinion by Mr. Justice Michael E. Sweeney at the Appellate Division ( 49 AD2d 271 ).

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