Wittenberg v. City of New York — 73 N.Y.2d 753

Majority

p. 753

Bruce Wittenberg et al., Appellants, v City of New York et al., Respondents.

Argued October 12, 1988;

decided November 22, 1988

p. 754

APPEARANCES OF COUNSEL

Kenneth K. Fisher and Michael J. Vollbrecht for appellants.

Peter L. Zimroth, Corporation Counsel (Dana Martine Robbins and Larry A. Sonnenshein of counsel), for respondents.

OPINION OF THE COURT

Appeal taken as of right dismissed upon the ground that no

p. 755

substantial constitutional question is directly involved. Plaintiffs’ application for leave to appeal granted. Order affirmed, with costs, for reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 135 AD2d 132 ; see also, Matter of Replan Dev. v Department of Hous. Preservation & Dev., 70 NY2d 451 ).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

Cases cited

Wittenberg v. City of New York 135 AD2d 132 N.Y. App. Div. 1988-02-02 p. 755
Replan Development, Inc. v. Department of Housing Preservation & Development 70 NY2d 451 N.Y. 1987-11-19 p. 755