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DORSET v. CULTURAL RES.

46 N.Y.2d 358 (1978)

Hotel Dorset Company, Respondent, v. Trust for Cultural Resources of City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Merrell E. Clark, Jr., for Trust for Cultural Resources of the City of New York, appellant.

Allen G. Schwartz, Corporation Counsel (Alfred Weinstein and L. Kevin Sheridan of counsel), for Abraham D. Beame, appellant.

Arthur Richenthal, David Abrams and David G. Richenthal for respondent.

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law and CPLR 1012 (subd [b]).

Donald J. Robinson, Louis G. Adolfsen and Eugene W. Harper, Jr., for the Whitney Museum of American Art, amicus curiae.

Judges JONES, WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

GABRIELLI, J.

The court is presented with a challenge to a complex and well-considered plan, the purpose of which is to provide support for the continuation of financially troubled cultural institutions and museums in the State of New York. The Legislature, by chapters 902 and 903 of the Laws of 1976, enacted articles 13-E and 13-F of the General Municipal Law known respectively as the New York State Cultural...

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