Legal Opinion · Dissent

City of New York v. State

New York Court of Appeals

Decided March 21, 1996Published

1DissentBellacosa, J.

This appeal relates to a premises licensing agreement between the State of New York and the City of New York for the State’s occupation and use of City real property. The question raised is whether the agreement required additional approval by the State Comptroller under State Finance Law § 112 (2) after the expiration of its stated term. We believe that it does, essentially because of the inescapable impact of Real Property Law § 232 and because *987the purposes behind State Finance Law § 112 (2) would otherwise be frustrated. Thus, we respectfully dissent in part, and vote to affirm the order…

2Cases cited8 opinions

  1. Parsa v. State of New YorkNew York Court of Appeals · 1984
  2. Koffman v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  3. Garner v. GerrishNew York Court of Appeals · 1984
  4. Deverho Construction Co. v. StateNew York Court of Claims · 1978
  5. Olson v. SchevlovitzAppellate Division of the Supreme Court of the State of New York · 1904

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