Bregoff v. Rubien

Full title: ISIDOR BREGOFF, Appellant, v. ABNER J. RUBIEN, Respondent

Court: Court of Appeals of the State of New York

Date published: Jul 7, 1961

10 N.Y.2d 763 (N.Y. 1961)

219 N.Y.S.2d 611

177 N.E.2d 52

Opinion

Argued May 22, 1961

Decided July 7, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY CLAY GREENBERG, J.

Charles H. Tuttle and Marshall L. Rosenberg for appellant.

Edward A. Winkelman for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse and to deny the motion for summary judgment for the reasons stated in the dissenting opinion of Justice RABIN in the Appellate Division.