New York Court of Appeals, 1959

56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.

56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.
New York Court of Appeals · Decided October 23, 1959
7 N.Y.2d 752; 162 N.E.2d 747

56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.

Opinion of the Court

Upon reargument, previous determination of April 17, 1959 (5 NY 2d 557) adhered to, viz.: Judgment of Appellate Division reversed and that of Trial Term reinstated, with costs *753in this court and in the Appellate Division. Opinion by Judge Froessel in which Chief Judge Conway and Judge Van Yoorhis concur; Judge Fuld concurs in a separate opinion; Judge Burke dissents in an opinion in which Judges Desmond and Dye concur.

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