Duffy v. Wetzler

OPINION OF THE COURT

Thompson, J. P.

The main issue arising at bar is whether the decision in the instant case should be applied retroactively, or prospectively, pursuant to the recent decision of the United States Supreme Court in James Beam Distilling Co. v Georgia (501 US —, 111 S Ct 2439 [hereinafter Beam]). We conclude that an analysis of Beam requires prospective application on the facts. For the reasons which follow therefore, we modify the order and judgment from which the first appeal ensues, and affirm the orders appealed from.

I

The plaintiffs commenced this action on May 9, 1989, on…