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City of New York v. State

55 N.Y.2d 1004 Court N.Y. Decision date 1982-02-23 Docket Claim No. 54853 English

Contents

Majority

p. 1004
City of New York, Respondent, v State of New York, Appellant.
(Claim No. 54853.)
Decided February 23, 1982
p. 1006
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General {.Dennis Hurley of counsel), for appellant.
Frederick A. O. Schwarz, Jr., Corporation Counsel {Jerome C. Gilman of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The State’s submission raised no factual issue as to whether the claim in question had been constructively rejected (cf. City of New York v State of New York, 40 NY2d 659 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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