56-70 58th Street Holding v. Fedders-Quigan Corp.

Full title: 56-70 58TH STREET HOLDING CORP., Appellant, v. FEDDERS-QUIGAN CORPORATION…

Court: Court of Appeals of the State of New York

Date published: Oct 23, 1959

162 N.E.2d 747 (N.Y. 1959)

162 N.E.2d 747

193 N.Y.S.2d 665

Opinion

Reargued October 5, 1959

Decided October 23, 1959

Upon reargument, previous determination of April 17, 1959 ( 5 N.Y.2d 557) adhered to, viz.: Judgment of Appellate Division reversed and that of Trial Term reinstated, with costs in this court and in the Appellate Division. Opinion by Judge FROESSEL in which Chief Judge CONWAY and Judge VAN VOORHIS concur; Judge FULD concurs in a separate opinion; Judge BURKE dissents in an opinion in which Judges DESMOND and DYE concur.