Charles O. Desch, Inc. v. State

Cross appeals from a judgment in favor of claimant, entered October 27, 1976, upon a decision of the Court of Claims. We previously considered this case on a motion to dismiss the claim (Charles O. Desch, lac. v State of New York, 50 AD2d 253). The facts and circumstances giving rise to this claim are amply set forth in our opinion therein. In affirming the Court of Claims’ order denying the motion to dismiss, a majority of this court concluded that the critical issue was whether the act in question was discretionary or ministerial and that the record did not contain sufficient facts to make…