Legal Opinion

Koenigsmark v. State

New York Court of Appeals

Decided February 11, 1982PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

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

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…

2Cases cited2 opinions

  1. Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
  2. Koenigsmark v. StateAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by4 opinions

  1. Schrempf v. StateNew York Court of Appeals · 1985
  2. Judge Rotenberg Educational Center Inc. v. BlassDistrict Court, E.D. New York · 2012
  3. Mottau v. StateNew York Court of Claims · 1997
  4. Clark v. StateAppellate Division of the Supreme Court of the State of New York · 1984

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