Koenigsmark v. State

New York Court of Appeals

Koenigsmark v. State

434 N.E.2d 260, 55 N.Y.2d 928, 449 N.Y.S.2d 191, 1982 N.Y. LEXIS 3119

New York Court of Appeals·Decided February 11, 1982·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (80 AD2d 707).

*930 Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Judge Fuchsberg concurs in the following memorandum: Since the very recent decision in Topel v Long Is. Jewish Med. Center (55 NY2d 682, 685 [Fuchsberg, J., dissenting]) would have required that this case be dismissed, not just on the facts as the Court of Claims and the Appellate Division did, but on the law as well, a fortiori, I too vote to affirm though on constraint of that case.

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OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (80 AD2d 707).

*930 Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Judge Fuchsberg concurs in the following memorandum: Since the very recent decision in Topel v Long Is. Jewish Med. Center (55 NY2d 682, 685 [Fuchsberg, J., dissenting]) would have required that this case be dismissed, not just on the facts as the Court of Claims and the Appellate Division did, but on the law as well, a fortiori, I too vote to affirm though on constraint of that case.

Koenigsmark v. State, 434 N.E.2d 260, 55 N.Y.2d 928, 449 N.Y.S.2d 191, 1982 N.Y. LEXIS 3119 (N.Y. 1982).

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Opinion

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