Matter of Marcus v. Baron

Full title: In the Matter of ROBERT B. MARCUS et al., Appellants, v. MORTON BARON, as…

Court: Court of Appeals of the State of New York

Date published: Oct 14, 1982

442 N.E.2d 437 (N.Y. 1982)

442 N.E.2d 437

456 N.Y.S.2d 39

Opinion

Argued September 2, 1982

Decided October 14, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALVIN R. RUSKIN, J.

Frank I. Brown for appellants.

Robert H. Freilich and Herschel Greenbaum for respondents.

Order reversed, with costs, and judgment of Supreme Court, Rockland County, reinstated for reasons stated in the dissenting opinion of former Justice JAMES D. HOPKINS at the Appellate Division ( 84 A.D.2d 118, 134-139).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.