New York Court of Appeals, 1974

Dalvin v. S. O. T. A. P. E. X.

Dalvin v. S. O. T. A. P. E. X.
New York Court of Appeals · Decided October 8, 1974
35 N.Y.2d 702; 319 N.E.2d 711; 361 N.Y.S.2d 350; 1974 N.Y. LEXIS 1306

Dalvin v. S. O. T. A. P. E. X.

Opinion of the Court

Order affirmed, with costs; no opinion.

Concur: Judges Gabbielli, Jones, Wachtler, Rabin and Stevens. Chief Judge Breitel and Judge Wither* dissent and vote to reverse and grant a new trial on the ground that an issue of fact is made out by testimony, the credibility of which was for the jury to determine.

Designated pursuant to section 2 of article VI of the State Constitution.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.