Unterberg v. Therm-Air Mfg. Co.

New York Court of Appeals June 10, 1964

Unterberg v. Therm-Air Mfg. Co., 14 N.Y.2d 859 (N.Y. 1964)

251 N.Y.S.2d 970; 200 N.E.2d 635; 1964 N.Y. LEXIS 1058

Opinion of the Court

Order reversed, with costs in this court and in the Appellate Division, and matter remitted to the Supreme Court for the entry of judgment in favor of plaintiffs for the reasons stated in the dissenting opinion at the Appellate Division.

Concur: Judges Dye, Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond and Judge Fuld dissent and vote to affirm for the reasons stated in the majority opinion at the Appellate Division.

Reference

Full Case Name: David Unterberg v. Therm-Air Mfg. Co., Inc.
Status: Published