Dennis Jimmy's Food Corp. v. Milton Company

Full title: DENNIS JIMMY'S FOOD CORP., Appellant, v. MILTON COMPANY, Respondent

Court: Court of Appeals of the State of New York

Date published: Mar 30, 1984

62 N.Y.2d 613 (N.Y. 1984)

476 N.Y.S.2d 116

464 N.E.2d 484

Opinion

Decided March 30, 1984

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Aaron F. Goldstein, J.

Alan J. Sanders for appellant.

Benjamin Housman for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 99 A.D.2d 477), except so much thereof as deals with waiver, an issue not before us.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.