New York Court of Appeals, 1976

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

Cases that cite this one

3 later published cases cite this decision.

Village of Brockport v. County of Monroe Pure Waters Division (Appellate Division of the Supreme Court of New York 1977)
State v. Avco Financial Service of New York Inc. (N.Y. 1980)
Town of New Windsor v. State (N.Y. Ct. Cl. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.