78 South First Street Hous. Dev. Fund Corp. v. Crotty

Full title: 78 SOUTH FIRST STREET HOUSING DEVELOPMENT FUND CORPORATION et al., on…

Court: Court of Appeals of the State of New York

Date published: May 3, 1990

75 N.Y.2d 982 (N.Y. 1990)

556 N.Y.S.2d 509

555 N.E.2d 906

Opinion

Argued March 27, 1990

Decided May 3, 1990

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Francis Pecora, J.

Victor A. Kovner, Corporation Counsel (Judith R. Greenwald, Edith I. Spivak and Joseph I. Lauer of counsel), for appellants.

Gerald A. Rosenberg, Janet Ellis Meiman and Kenneth C. Brown for respondents.

Order reversed, with costs, defendants' motion to dismiss the complaint granted and certified question answered in the negative for reasons stated in the dissenting memorandum by Justice E. Leo Milonas at the Appellate Division ( 150 A.D.2d 218, 220-222).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.