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EBBETS v. STATE

47 N.Y.2d 973 (1979)

Lester W. Ebbets et al., as Administrators of The Estate of Justine L. Lambert, Deceased, Appellants, v. State of New York, Respondent. (Claim No. 60219.)

Court of Appeals of the State of New York.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Richard J. Ney, Stuart D. Baker and Michael S. Davis for appellants.

Robert Abrams, Attorney-General (Peter J. Dooley, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG. Judge MEYER concurs in an opinion in which Judge WACHTLER concurs.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (64 A.D.2d 794).

MEYER, J. (concurring).

Notwithstanding my views concerning the retroactivity of the amendment made by chapter 280 of the Laws of 1976, stated in dissent in Sessa v State of New York, decided herewith, I concur in affirmance in this case. A contract provision shortening the period of limitations...

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