Appel v. Root

Full title: OSCAR APPEL et al., Respondents, v. RHODA ROOT, Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 6, 1963

191 N.E.2d 920 (N.Y. 1963)

191 N.E.2d 920

241 N.Y.S.2d 870

Opinion

Argued May 8, 1963

Decided June 6, 1963

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEWIS W. OLLIFFE, J.

Joseph S. Catalano and James A. Doherty for appellant.

Paul Gewurz for respondents.

Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to deny the motion for summary judgment upon the ground that a triable issue is presented.