Cortesi v. R D Construction Corp.

Full title: SUSAN CORTESI et al., Respondents, v. R D CONSTRUCTION CORP. et al.…

Court: Court of Appeals of the State of New York

Date published: Dec 22, 1988

73 N.Y.2d 836 (N.Y. 1988)

537 N.Y.S.2d 475

534 N.E.2d 313

Opinion

Argued November 18, 1988

Decided December 22, 1988

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Lawrence Kahn, J.

Michael J. Hutter for appellants.

Randall Pratt and James F. Taylor for respondents.

Order modified, with costs to appellants, by denying plaintiffs' motion for summary judgment for the reasons stated in the dissenting memorandum by Justice Howard A. Levine at the Appellate Division ( 137 A.D.2d 901, 903-905) and, as so modified, affirmed.

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