Summary
adopting reasoning of dissent
Summary of this case from Rudin v. Tax Commission of New York (In re Olympia & York Maiden Lane Co.)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.