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KEYSTONE ASSOCS. v. STATE

33 N.Y.2d 848 (1973)

Keystone Associates, Respondent, v. State of New York, Appellant. (Claim No. 49592.)

Court of Appeals of the State of New York.

Decided December 27, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant.

David Brady, Bernard D. Bergreen and Carl Golden for respondent.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER. Judge BREITEL dissents and votes to reverse in the following opinion in which Judge JASEN concurs.

Order affirmed, with costs, on the opinion at the Appellate Division. Question certified answered in the affirmative.

BREITEL, J. (dissenting).

I dissent and vote to reverse and dismiss the claim for the reasons stated in the dissenting opinion at the Appellate Division. Moreover, the analysis by the majority at the Appellate Division and in this court is based on a verbal non sequitur. The statute...

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