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CITY OF NEW YORK v. STATE

87 N.Y.2d 982 (1996)

665 N.E.2d 181

642 N.Y.S.2d 611

City of New York, Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 21, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (A. Orli Spanier and Kristin M. Helmers of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Victor Paladino, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and LEVINE concur in memorandum; Judge BELLACOSA dissents in part and votes to affirm in an opinion in which Judge CIPARICK concurs.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, and the case remitted to the Court of Claims for further proceedings in accordance with this memorandum and, as so modified, affirmed.

The City of New York and the State of New York (acting through the Office of General Services on behalf of the State Division of Housing and Community Renewal) executed an agreement for the Division...

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