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City of New York, Respondent, v. State of New York, Appellant
Opinions in this case
- Opinion
- Majority
Order affirmed, with costs, on the opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (48 AD2d 79). We also note that the question of timeliness argued by the State was raised for the first time at the Appellate Division. Since this issue was not presented to the Court of Claims it has not been preserved for our review. Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.