Wittenberg v. City of New York

Full title: BRUCE WITTENBERG et al., Appellants, v. CITY OF NEW YORK et al.…

Court: Court of Appeals of the State of New York

Date published: Nov 22, 1988

532 N.E.2d 1285 (N.Y. 1988)

532 N.E.2d 1285

536 N.Y.S.2d 57

Opinion

Argued October 12, 1988

Decided November 22, 1988

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, David Saxe, J.

Kenneth K. Fisher and Michael J. Vollbrecht for appellants.

Peter L. Zimroth, Corporation Counsel (Dana Martine Robbins and Larry A. Sonnenshein of counsel), for respondents.

Appeal taken as of right dismissed upon the ground that no substantial constitutional question is directly involved. Plaintiffs' application for leave to appeal granted. Order affirmed, with costs, for reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 135 A.D.2d 132; see also, Matter of Replan Dev. v Department of Hous. Preservation Dev., 70 N.Y.2d 451).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.