FALLICA v. TOWN OF BROOKHAVEN


52 N.Y.2d 794 (1980)

Frank Fallica et al., as Members of the Board of Fire Commissioners of the Holtsville Fire District, Respondents-Appellants, v. Town of Brookhaven et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Martin J. Kerins, Town Attorney (Benjamin L. Herzweig of counsel), for appellants.

Frederic Block and Joel M. Markowitz for respondents.

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


Order modified, with costs to defendants, by reinstating the first and third decretal paragraphs of the judgment of Supreme Court, Suffolk County, for reasons stated in the dissenting opinion by Mr. Justice LEON D. LAZER at the Appellate Division (69 A.D.2d 579, 598-604) and, as so modified...

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