New York Court of Appeals, 1980

Fallica v. Town of Brookhaven

Fallica v. Town of Brookhaven
New York Court of Appeals · Decided December 22, 1980
52 N.Y.2d 794; 417 N.E.2d 1248; 436 N.Y.S.2d 707; 1980 N.Y. LEXIS 2881

Fallica v. Town of Brookhaven

Opinion of the Court

OPINION OF THE COURT

Order modified, with costs to defendants, by reinstating the first and third decretal paragraphs of the judgment of Supreme Court, Suffolk County, for reasons stated in the dissenting opinion by Mr. Justice Leon D. Lazer at the Appellate Division (69 AD2d 579, 598-604) and, as so modi- . tied, affirmed.

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

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