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Unterberg v. Therm-Air Mfg. Co.

Court of Appeals of the State of New York
Jun 10, 1964
200 N.E.2d 635 (N.Y. 1964)

Opinion

Argued May 4, 1964

Decided June 10, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING H. SAYPOL, J.

David Unterberg, in person, and Abbie Goldstein for David Unterberg and another, appellants.

Sam W. Galowitz, Benjamin B. Hersh and Louis Okin for respondent.


Order reversed, with costs in this court and in the Appellate Division, and matter remitted to the Supreme Court for the entry of judgment in favor of plaintiffs for the reasons stated in the dissenting opinion at the Appellate Division.

Concur: Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND and Judge FULD dissent and vote to affirm for the reasons stated in the majority opinion at the Appellate Division.


Summaries of

Unterberg v. Therm-Air Mfg. Co.

Court of Appeals of the State of New York
Jun 10, 1964
200 N.E.2d 635 (N.Y. 1964)
Case details for

Unterberg v. Therm-Air Mfg. Co.

Case Details

Full title:DAVID UNTERBERG et al., Appellants, v. THERM-AIR MFG. CO., INC., Respondent

Court:Court of Appeals of the State of New York

Date published: Jun 10, 1964

Citations

200 N.E.2d 635 (N.Y. 1964)
200 N.E.2d 635
251 N.Y.S.2d 970