Holtslander v. C.W. Whalen and Sons

Full title: MICHAEL HOLTSLANDER, an Infant, by JUDITH HOLTSLANDER, His Parent, et al.…

Court: Court of Appeals of the State of New York

Date published: Feb 4, 1988

70 N.Y.2d 962 (N.Y. 1988)

525 N.Y.S.2d 793

520 N.E.2d 512

Opinion

Argued January 8, 1988

Decided February 4, 1988

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Dier, J.

Robert M. Cohen and Morris D. Strauss for appellants.

Christine Kirwin Krackeler and J. Vincent Smith for C.W. Whalen and Sons, respondent. Elizabeth M. Dumas for Church of the Immaculate Conception, respondent.

Order modified, with costs to plaintiffs against defendant Church, by granting a new trial as against the defendant Church and, as so modified, affirmed, with costs to defendant C.W. Whalen and Sons against plaintiffs, for reasons stated in the concurring in part and dissenting in part memorandum by Justice Howard A. Levine at the Appellate Division ( 126 A.D.2d 917, 919-920).

Concur: Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Chief Judge WACHTLER and Judges TITONE and BELLACOSA dissent in part and vote to affirm for the reasons stated in the memorandum of the Appellate Division ( 126 A.D.2d 917).