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ST. JAMES ROMAN CATHOLIC CHURCH SOC'Y OF JAMESTOWN v. STATE OF NEW YORK

40 N.Y.2d 974 (1976)

St. James Roman Catholic Church Society of Jamestown, Appellant, v. State of New York, Respondent. (Claim No. 54446.)

Court of Appeals of the State of New York.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Kevin Kennedy for appellant.

Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for respondent.

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

Order affirmed, with costs, on the opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division (50 A.D.2d 193) to the extent that it treats with the issue of consequential damages.

JONES, J. (dissenting).

I must dissent from the decision of the majority. I would reverse the order of the Appellate Division and reinstate the judgment of the Court of Claims.

The sole issue on this appeal is the extent...

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