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BRADY v. STATE OF NEW YORK

172 A.D.2d 17 (1991)

Lawrence J. Brady et al., Appellants, v. State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 27, 1991

Attorney(s) appearing for the Case

Goodkind, Labaton & Rudoff (Kohn, Klein, Nast & Graf, P. C. [David H. Weinstein] of counsel), for appellants.

Robert Abrams, Attorney-General (Daniel Smirlock of counsel), for respondents.

James J. Haggerty (Gregory E. Dunlap of counsel), for Commonwealth of Pennsylvania, amicus curiae.

MAHONEY, P. J., WEISS, YESAWICH, JR., and MERCURE, JJ., concur.

LEVINE, J.

Plaintiffs Lawrence J. Brady and Barbara A. Brady are married and reside in New Jersey. Lawrence Brady was employed and earned income in New York in 1988. Plaintiffs Judah I. Labovitz and Deborah R. Labovitz are husband and wife and reside in Pennsylvania. During 1988, Deborah Labovitz was employed and earned income in New York. Neither Barbara Brady nor Judah Labovitz had any New York source income...

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