State v. Rutkowski

Herlihy, J. (concurring in part and dissenting in part).

We agree with so much of the majority decision herein as would affirm the denial of summary judgment to the plaintiffs on their first three causes of action; however, we do not agree with the affirmance of the grant of summary judgment in favor of the defendants, Rutkowski and Conti (sellers) declaring that sections 1115 and 1116 of the Public Health Law and section 17-1505 of the Environmental Conservation Law are unconstitutional. Further, we would not only reverse the grant of summary judgment to plaintiffs on their fourth cause of…