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WITTENBERG v. CITY OF NEW YORK

73 N.Y.2d 753 (1988)

Bruce Wittenberg et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided November 22, 1988.

Attorney(s) appearing for the Case

Kenneth K. Fisher and Michael J. Vollbrecht for appellants.

Peter L. Zimroth, Corporation Counsel (Dana Martine Robbins and Larry A. Sonnenshein of counsel), for respondents.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Appeal taken as of right dismissed upon the ground that no substantial constitutional question is directly involved. Plaintiffs' application for leave to appeal granted. Order affirmed, with costs, for reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division (135 A.D.2d 132; see also, Matter of Replan Dev. v Department of Hous. Preservation & Dev.

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