Keystone Associates v. State — 45 N.Y.2d 894

Majority

p. 894

Keystone Associates, Appellant, v State of New York, Respondent.

(Claim No. 49592.)

Argued September 19, 1978;

decided October 24, 1978

p. 895

APPEARANCES OF COUNSEL

Carl Golden, Martin Blackman and Alan G. Weiler for appellant.

Louis J. Lefkowitz, Attorney-General (Vernon Stuart and Ruth Kessler Toch of counsel), for respondent.

OPINION OF THE COURT

Judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and the case remitted to the Court of Claims for a new trial on the issue of damages on the concurring in part and dissenting in part opinion by Mr. Justice Louis M. Greenblott at the Appellate Division (55 AD2d, at pp 89-91).

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