Turner v. State

Appeal from a judgment, entered July 20, 1973, upon a decision of the Court of Claims. This case was decided by this court in an opinion appearing in 49 AD2d 269. The facts and circumstances are amply set forth therein. We granted reargument to the State and permitted the Research Foundation of State University of New York (Foundation) to intervene and participate in the reargument. Both the State and Foundation urge reversal of our order, the granting of a new order reversing the judgment of the Court of Claims and a dismissal of the claim. On reargument, Foundation takes the position that…