Lawrence J. Brady et al., Appellants,
v.
State of New York et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 18, 1992.
Decided December 22, 1992.
Attorney(s) appearing for the Case
Kohn, Nast & Graf, P. C. (David H. Weinstein and Robert S. Kitchenoff, of the Pennsylvania Bar, admitted pro hac vice, of counsel), Krekstein, Wolfson & Krekstein, P. C. (Scott H. Mustin, of the Pennsylvania Bar, admitted pro hac vice, of counsel), and Goodkind, Labaton, Rudoff & Sucharow, New York City, for appellants.
Robert Abrams, Attorney-General, Albany (Daniel Smirlock, Jerry Boone and Peter H. Schiff of counsel), for respondents.
Dowd & Reilly (William F. Dowd, of the New Jersey Bar, admitted pro hac vice, of counsel) and Morrison & Foerster, New York City (Paul H. Frankel, Arthur R. Rosen, Saul Heckelman and Hollis L. Hyans of counsel), for New Jersey State Assembly, amicus curiae.
Judges TITONE, BELLACOSA and SMITH concur with Judge KAYE; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion; Acting Chief Judge SIMONS taking no part.
Court of Appeals of the State of New York.
KAYE, J.
Plaintiffs Lawrence Brady and Barbara Brady are married and reside in New Jersey. Plaintiffs Deborah Labovitz and Judah Labovitz are married and reside in Pennsylvania. At all relevant times, Lawrence Brady and Deborah Labovitz earned income in New York, and Barbara Brady and Judah Labovitz earned income outside New York; in addition, the Labovitzes had a combined...
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