Smith v. Sipe

Full title: HARRISON J. SMITH, JR., Respondent, v. JAMES SIPE, as President of…

Court: Court of Appeals of the State of New York

Date published: Apr 29, 1986

67 N.Y.2d 928 (N.Y. 1986)

502 N.Y.S.2d 134

493 N.E.2d 237

Opinion

Argued March 21, 1986

Decided April 29, 1986

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.

Christopher H. Gardner for appellant.

Louis M. Klein for respondent.

Order reversed, with costs, and defendant's motion to dismiss the complaint granted for the reasons stated in the dissenting memorandum of Presiding Justice A. Franklin Mahoney at the Appellate Division ( 109 A.D.2d 1034, 1036-1037). Question certified answered in the affirmative.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.