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UNIV. OF ROCHESTER v. WAGNER

47 N.Y.2d 833 (1979)

University of Rochester, Respondent, v. Wallace J. Wagner, as Assessor of the City of Rochester, et al., Appellants. (And Another Action.)

Court of Appeals of the State of New York.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (James S. Grossman, Merwyn M. Kroll and Bette M. Gould of counsel), for appellants.

G. Robert Witmer, Jr., John R. McQueen and Ruth B. Rosenberg for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.

Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice REID S. MOULE at the Appellate Division (63 A.D.2d 341

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