McGowan v. Mayor, City of NY

53 N.Y.2d 86 (1981)

James P. McGowan, Respondent,

v.

Mayor of City of New York et al., Appellants.

Court of Appeals of the State of New York.

Argued April 27, 1981.

Decided June 4, 1981.

Allen G. Schwartz, Corporation Counsel (Alfred Weinstein and Leonard Koerner of counsel), for appellants.

Murray A. Gordon, Michael J. Horowitz, Philip A. Lacovara, Gerald Goldman and William R. Stein for respondent.

Judges JASEN, WACHTLER and MEYER concur with Judge FUCHSBERG; Judge JONES dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge GABRIELLI concur.

FUCHSBERG, J.

The…