Citation Numbers: 38 N.Y.2d 747, 343 N.E.2d 763, 381 N.Y.S.2d 46, 1975 N.Y. LEXIS 2334, 91 L.R.R.M. (BNA) 2732
Judges: Fuchsberg
Filed Date: 11/25/1975
Status: Precedential
Modified Date: 10/19/2024
Order affirmed, with costs to abide the event, on the memorandum at the Appellate Division (45 AD2d 853). Question certified answered in the affirmative.
Concur: Chief Judge Breitel and Judges Gabrielli, Wachtler, and Cooke. Judge Fuchsberg dissents and votes to reverse in the following opinion in which Judges Jasen and Jones concur.