STATE v. GEN. MOTORS CORP.


48 N.Y.2d 836 (1979)

State of New York, Respondent, v. General Motors Corporation, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1979.


Attorney(s) appearing for the Case

Roy L. Reardon, Rolon W. Reed and Michael V. Corrigan for appellant.

Robert Abrams, Attorney-General (Amy Juviler, Shirley Adelson Siegel, Stephen Mindell, Herbert Israel and Robert L. Schonfeld of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI dissents in part and votes to modify in a separate opinion in which Chief Judge COOKE concurs.


MEMORANDUM.

The order dated June 6, 1978 should be reversed, with costs, the proceeding dismissed as to the claim with respect to the Cadillac Seville and the proceeding as to the remainder of the claims asserted remitted for an evidentiary hearing on the issues of fact and further proceedings on the petition, if warranted, all for the reasons stated in the dissenting opinion of Mr. Justice SAMUEL J. SILVERMAN at the Appellate...

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