New York Court of Appeals, 1976

City of New York v. State

City of New York v. State
New York Court of Appeals · Decided July 1, 1976
39 N.Y.2d 951; 353 N.E.2d 848; 386 N.Y.S.2d 884; 1976 N.Y. LEXIS 2902

City of New York v. State

Opinion

Order affirmed, with costs, on the opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (48 AD2d 79). We also note that the question of timeliness argued by the State was raised for the first time at the Appellate Division. Since this issue was not presented to the Court of Claims it has not been preserved for our review.

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

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