New York Court of Appeals, 1982

Koenigsmark v. State

Koenigsmark v. State
New York Court of Appeals · Decided February 11, 1982
55 N.Y.2d 928; 434 N.E.2d 260; 449 N.Y.S.2d 191; 1982 N.Y. LEXIS 3119
Koenigsmark v. State

Cases that cite this one

4 later published cases cite this decision.

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Opinion

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (80 AD2d 707).

*930 Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Judge Fuchsberg concurs in the following memorandum: Since the very recent decision in Topel v Long Is. Jewish Med. Center (55 NY2d 682, 685 [Fuchsberg, J., dissenting]) would have required that this case be dismissed, not just on the facts as the Court of Claims and the Appellate Division did, but on the law as well, a fortiori, I too vote to affirm though on constraint of that case.

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