Breheny v. Roche

— Judgment, Supreme Court, New York County, entered October 17, 1979, affirmed, without costs, on the opinion of Justice Stecher at Special Term. Certain observations in addition are necessitated by what is said by our dissenting brother who, in effect conceding the applicability hereto of “Matter of Lee v Roche, (78 AD2d 288)”, regards the issue here as “one of essential fairness.” Petitioners-appellants disposed procedurally of the question of propriety of the challenged answers by entering into a stipulation, freely and voluntarily, to refer that issue to a test validation board for…