305 East 24th Owners Corp. v. Parman Co.

Full title: 305 EAST 24TH OWNERS CORP. et al., Appellants, v. PARMAN CO. et al.…

Court: Court of Appeals of the State of New York

Date published: May 28, 1987

69 N.Y.2d 991 (N.Y. 1987)

517 N.Y.S.2d 710

510 N.E.2d 794

Opinion

Argued April 28, 1987

Decided May 28, 1987

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Harold Tompkins, J.

Yvette Harmon and Ellen A. Schwartz for appellants.

Robert A. Wolf, Maxine Fass and Craig Balsam for respondents.

Order, insofar as appealed from, reversed, with costs, for the reasons stated in so much of the dissenting in part opinion ( 122 A.D.2d 684, 691-703) of Presiding Justice Francis T. Murphy, Jr., at the Appellate Division as pertains to plaintiffs' motion for summary judgment on the complaint, and that portion of the motion granted. The certified question answered in the negative.

Concur: Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Chief Judge WACHTLER.