Cathedral Academy v. State

• Decision Date: 13 July 1976
• Citation: 39 N.Y.2d 1021,387 N.Y.S.2d 246
• Parties: , 355 N.E.2d 300 CATHEDRAL ACADEMY, Appellant, v. The STATE of New York, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 246

387 N.Y.S.2d 246

39 N.Y.2d 1021, 355 N.E.2d 300

CATHEDRAL ACADEMY, Appellant, v. The STATE of New York, Respondent.

Court of Appeals of New York.

July 13, 1976.

Order reversed, with costs, and the claim reinstated on the dissenting opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (47 A.D.2d 390, 396, 366 N.Y.S.2d 900).

All concur except BREITEL, C.J., JASEN and JONES, JJ., who dissent and vote to affirm on the opinion by Mr. Justice Louis M. Greenblott at the Appellate Division.