Appellate Division of the Supreme Court of New York, 1962

Master Waterproofers, Inc. v. Auserehl & Son Contracting Corp.

Master Waterproofers, Inc. v. Auserehl & Son Contracting Corp.
Appellate Division of the Supreme Court of New York · Decided January 23, 1962
15 A.D.2d 648; 1962 N.Y. App. Div. LEXIS 11884
Master Waterproofers, Inc. v. Auserehl & Son Contracting Corp.

Opinion of the Court

Application denied, with $10 costs. The stay contained in the order to show cause dated December 7, 1961 is vacated. Even if leave to appeal were granted, this court would not reach and dispose of all the legal alternatives raised by appellant. It suffices to deny leave that it appears, under the circumstances here, that the dispositions below were correct with respect to those questions which would be reached by this court although all the reasoning below may not necessarily be correct. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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