La Briola v. State of NY

36 N.Y.2d 328 (1975)

Carmen La Briola, as Executor of Lawrence La Briola, Deceased, Respondent,

v.

State of New York, Appellant. (Claim Nos. 48849, 49472.)

Court of Appeals of the State of New York.

Argued January 16, 1975.

Decided March 24, 1975.

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

Julius L. Sackman for respondent.

Judges JASEN, JONES and FUCHSBERG concur with Chief Judge BREITEL; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs; Judge COOKE taking no part.

Chief…