Matter of Lyden v. Katz

Full title: In the Matter of FRANK LYDEN, Appellant, v. IRWIN KATZ et al.…

Court: Court of Appeals of the State of New York

Date published: Nov 2, 1961

179 N.E.2d 514 (N.Y. 1961)

179 N.E.2d 514

223 N.Y.S.2d 512

Opinion

Argued November 2, 1961

Decided November 2, 1961

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES D. HOPKINS, J.

Samuel L. Slutzky and Vincent P. Downey for appellants.

Adolph I. King for William J. Millar and others, respondents.

Order of Appellate Division reversed and that of Special Term reinstated, without costs, for the reasons stated by Special Term. No opinion.

Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE, FOSTER, WILLIAMS^_ and MacAFFER^fn_.

_ Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Chief Judge DESMOND and Judge FULD.