Wilmot v. State of New York

32 N.Y.2d 164 (1973)

James P. Wilmot, Sr. et al., Respondents,

v.

State of New York, Appellant. (Claims Nos. 49084, 51429.)

Court of Appeals of the State of New York.

Argued January 3, 1973.

Decided April 25, 1973.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant.

Arthur S. Chatman for respondents.

Chief Judge FULD and Judges BURKE and WACHTLER concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion; Judges BREITEL and GABRIELLI taking no part.

JONES, J.

We affirm the order of the Appellate Division which sustained…