Christman v. Starr

Full title: DONALD H. CHRISTMAN, Respondent, v. WILLIAM C. STARR, Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 27, 1973

307 N.E.2d 561 (N.Y. 1973)

307 N.E.2d 561

352 N.Y.S.2d 445

Opinion

Argued November 13, 1973

Decided December 27, 1973

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, T. PAUL KANE, J.

Gerald T. Hennessy for appellant.

John R. Miller for respondent.

Order reversed, with costs, for the reasons stated in the dissenting opinion at the Appellate Division, and the case remitted to Supreme Court, Albany County, for assessment of defendant's damages under his counterclaims.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.