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LARABEE v. GOVERNOR OF N.Y.

112301/07, 11473

121 A.D.3d 162 (2014)

989 N.Y.S.2d 840

SUSAN LARABEE et al., Appellants, v. GOVERNOR OF THE STATE OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 10, 2014.

Attorney(s) appearing for the Case

Cohen & Gresser LLP, New York City ( Tom E. Bezanson , Alexandra Wald and Matthew V. Povolny of counsel), and George Bundy Smith & Associates, P.C., New York City ( George Bundy Smith, Sr. of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Mark H. Shawhan and Richard Dearing of counsel), for respondents.

Stroock & Stroock & Lavan LLP, New York City ( Joseph L. Forstadt , Alan M. Klinger , Ernst H. Rosenberger , Burton N. Lipshie , Jerry H. Goldfeder and Linda M. Melendres of counsel), for amici curiae.

OPINION OF THE COURT

The order of the Supreme Court, New York County (Richard F. Braun, J.), entered September 14, 2012, which, upon renewal of plaintiffs' motion for summary judgment, declined to award plaintiffs retroactive monetary damages, should be affirmed, without costs.

TOM, J.P. (concurring).

I agree with the concurrence that defendants have not violated the ruling of the Court of Appeals in the consolidated appeals addressed in Matter...

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