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STRAUSS v. UNIV. OF STATE OF N. Y.

2 N.Y.2d 464 (1957)

Irving Strauss et al., on Behalf of Themselves and All Others in the State of New York Similarly Situated, Appellants, v. University of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Frank E. Behrman for appellants.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondents.

Harold Kohn for New York State Optometric Association, amicus curiæ, in support of respondents' position.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

FULD, J.

We decide the case, as it must be decided (see, e.g., Black Riv. Regulating Dist. v. Adirondack League Club, 307 N.Y. 475, 486-487; Quaker Oats Co. v. City of New York, 295 N.Y. 527, 536; Boardwalk & Seashore Corp. v. Murdock, 286 N.Y. 494, 498), on the basis of the law as it exists today. On January 25, 1957, which was the day following the argument...

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