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DI MATTEO v. STATE OF NEW YORK

40 N.Y.2d 978 (1976)

Bernard M. Di Matteo et al., Appellants, v. State of New York, Respondent. (Claim No. 54277.)

Court of Appeals of the State of New York.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Nathaniel Rubin for appellants.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ().

Order reversed, with costs, and the judgment of the Court of Claims reinstated for the reasons stated in the opinion by Judge DANIEL BECKER at the Court...

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