Summary
In Nesbitt v. Nimmich (30 N.Y.2d 622) the Court of Appeals addressed itself to a similar situation which bears analysis as it relates to some degree to the instant question.
Summary of this case from Walsdorf v. MillerOpinion
Submitted February 14, 1972
Decided March 16, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS P. FARLEY, J.
Austin M. Cahill and George W. Kelly for appellant.
Herman J. McCarthy for respondent.
Order affirmed, without costs, on the opinion at the Appellate Division. Question certified answered in the affirmative.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse on the dissenting opinion at the Appellate Division.