Summary
In Tolisano, 551 N.Y.S.2d 197, 550 N.E.2d 450, the New York Court of Appeals reversed the decision of the lower court for the reasons stated in the dissent to the lower court opinion.
Summary of this case from Tribune Co. v. PurcigliottiOpinion
Argued November 17, 1989
Decided December 14, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Harold Tompkins, J.
Russell T. McHugh and Frederick N. Gaffney for appellant.
Charles Haydon for respondent.
Order reversed, with costs, defendant's motion to dismiss the complaint granted and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice George Bundy Smith at the Appellate Division ( 144 A.D.2d 267, 269-273).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.