Air Stream Corp. v. 3300 Lawson Corp.

Full title: AIR STREAM CORP., Appellant, v. 3300 LAWSON CORP., Respondent.

Court: Court of Appeals of New York.

Date published: Apr 3, 2012

967 N.E.2d 700 (N.Y. 2012)

967 N.E.2d 700

944 N.Y.S.2d 475

2012 N.Y. Slip Op. 2420

Opinion

2012-04-3

AIR STREAM CORP., Appellant, v. 3300 LAWSON CORP., Respondent.

Dollinger, Gonski & Grossman, Carle Place (Floyd G. Grossman of counsel), for appellant. Jaspan Schlesinger LLP, Garden City (Linda S. Agnew of counsel), for respondent.

Dollinger, Gonski & Grossman, Carle Place (Floyd G. Grossman of counsel), for appellant. Jaspan Schlesinger LLP, Garden City (Linda S. Agnew of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the principles of law expressed in Estate of Becker v. Murtagh, 19 N.Y.3d 75, ––– N.Y.S.2d ––––, N.E.2d ––––, 2012 WL 1080325 [2012] [decided today]. Because the legal standards Supreme Court employed were consonant with our decision in Becker, we remit to the Appellate Division rather than Supreme Court. Thus, the Appellate Division, in reviewing Supreme Court's judgment, should now apply the facts of this case to the law as expressed in Becker.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.