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FIRST COLONIE CO. v. LYONS

54 N.Y.2d 719 (1981)

First Colonie Company, Respondent, v. John J. A. Lyons, as Commissioner of the Albany County Department of Health, et al., Defendants. Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Stanley Fishman and Shirley Adelson Siegel of counsel), pro se.

Thomas D. Latin for respondent.

Concur: Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge MEYER dissents and votes to reverse in an opinion in which Chief Judge COOKE and Judge FUCHSBERG concur.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (74 A.D.2d 696).

MEYER, J. (dissenting).

It is not entirely clear from the Appellate Division's memorandum whether it decided in favor of plaintiff on the law or on the facts, but since its decision is erroneous in either event and should be reversed, I respectfully dissent.<...

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