HUDSON VALLEY SAND AND STONE CO. v. STATE OF NEW YORK, 44 N.Y.2d 829 (1978)

406 N.Y.S.2d 456, 377 N.E.2d 987

HUDSON VALLEY SAND AND STONE COMPANY, INC., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 58378.)

Court of Appeals of the State of New York.Argued March 29, 1978
Decided May 9, 1978

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT M. QUIGLEY, J.

Page 830

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 831

Patrick J. Keniry for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons an Ruth Kessler Toch of counsel), for respondent.

Order affirmed, without costs, on the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division (57 A.D.2d 344).

Concur: Chief Judge BREITEL and Judges JASEN, JONES, FUCHSBERG and COOKE. Judges GABRIELLI and WACHTLER dissent and vote to reverse on the concurring in part and dissenting in part opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division (57 A.D.2d, at pp 347-348).

406 N.Y.S.2d 456, 377 N.E.2d 987

HUDSON VALLEY SAND AND STONE COMPANY, INC., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 58378.)

Court of Appeals of the State of New York.Argued March 29, 1978
Decided May 9, 1978

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT M. QUIGLEY, J.

Page 830

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 831

Patrick J. Keniry for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons an Ruth Kessler Toch of counsel), for respondent.

Order affirmed, without costs, on the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division (57 A.D.2d 344).

Concur: Chief Judge BREITEL and Judges JASEN, JONES, FUCHSBERG and COOKE. Judges GABRIELLI and WACHTLER dissent and vote to reverse on the concurring in part and dissenting in part opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division (57 A.D.2d, at pp 347-348).