SPERRY v. STATE, 40 N.Y.2d 997 (1976)

359 N.E.2d 700, 391 N.Y.S.2d 106

CORYDON S. SPERRY et al., Appellants, v. STATE OF NEW YORK et al., Respondents. (Claim Nos. 57990, 57998, 58005.)

Court of Appeals of the State of New York.Argued November 16, 1976
Decided December 16, 1976

Appeal from the Appellate Division of the

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Supreme Court in the Third Judicial Department, DOROTHEA E. DONALDSON, J.

Stephen L. Kass and Barry S. Neuman for appellants.

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for respondents.

Order affirmed, with costs, on the memorandum at the Appellate Division (50 A.D.2d 618), except so much of the memorandum as refers to the Statute of Limitations in its penultimate paragraph upon which the court does not find it necessary to pass.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

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