New York Court of Appeals, 1986

Smith v. Sipe

Smith v. Sipe
New York Court of Appeals · Decided April 29, 1986
67 N.Y.2d 928; 493 N.E.2d 237; 502 N.Y.S.2d 134; 1986 N.Y. LEXIS 18054

Smith v. Sipe

Opinion of the Court

OPINION OF THE COURT

Order reversed, with costs, and defendant’s motion to dismiss the complaint granted for the reasons stated in the dissenting memorandum of Presiding Justice A. Franklin Mahoney at the Appellate Division (109 AD2d 1034, 1036-1037). Question certified answered in the affirmative.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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