WAYSIDE NURSERIES INC. v. STATE OF NEW YORK, 34 N.Y.2d 876 (1974)

359 N.Y.S.2d 277, 316 N.E.2d 714

WAYSIDE NURSERIES, INC., Individually and as Assignee of WAYSIDE NURSERIES LANDSCAPE DIVISION CORP., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 47595.)

Court of Appeals of the State of New York.Argued June 5, 1974
Decided June 26, 1974

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.

Page 877

Louis J. Lefkowitz, Attorney-General (J. Lawson Brown an Ruth Kessler Toch of counsel), for appellant.

Harold M. Halpern and Robert A. Sandler for respondent.

Judgment affirmed, with costs, on the opinion at the Appellate Division.

Concur: Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS. Taking no part: Judge GABRIELLI.