DESTITO v. STATE OF NEW YORK


1 A.D.2d 753 (1955)

Patsy Destito et al., Doing Business as Savoy Restaurant, Respondents, v. State of New York, Appellant. (Claim No. 28030.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 29, 1955


Judgment reversed on the law and facts and claim dismissed, without costs of this appeal to any party. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

An examination of the record in the instant case, and re-examination of the record in Iodice v. State of New York (277 App. Div. 647, affd. 303 N.Y. 740) disclose no material different situation or existing conditions. In our judgment...

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