New York Court of Appeals, 1983

Scarborough v. Zimmon

New York Court of Appeals · Decided June 30, 1983

59 N.Y.2d 945; 453 N.E.2d 530; 466 N.Y.S.2d 301; 1983 N.Y. LEXIS 3251

Cases that cite this one

2 later published cases cite this decision.

Courell v. Kurzner (Appellate Division of the Supreme Court of New York 1986)
Sammons v. Freer (Appellate Division of the Supreme Court of New York 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In this case the Appellate Division did not reverse the order of Special Term as a matter of law, but rather in the exercise of its own discretion as a substitute for that of Special Term. That it was authorized to do, and we cannot conclude that in so doing it erred as a matter of law (Scarborough v Zimmon, 56 NY2d 784).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer concur; Judge Simons taking no part.

Order affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.