Klein v. O'Hagan

Full title: LUDWIG KLEIN, Respondent, v. JOHN T. O'HAGAN, as Commissioner of the New…

Court: Court of Appeals of the State of New York

Date published: Oct 7, 1980

412 N.E.2d 1323 (N.Y. 1980)

412 N.E.2d 1323

433 N.Y.S.2d 98

Opinion

Argued September 3, 1980

Decided October 7, 1980

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for appellants.

Ronald H. Shechtman for respondent.

Order reversed, with costs, and the determination of the commission reinstated for reasons stated in the dissenting memorandum by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 70 A.D.2d 514, 515-516).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.