Matter of Carr v. St. John's University, New York

Full title: In the Matter of HOWARD G. CARR et al., Appellants, v. ST. JOHN'S…

Court: Court of Appeals of the State of New York

Date published: Dec 6, 1962

12 N.Y.2d 802 (N.Y. 1962)

235 N.Y.S.2d 834

187 N.E.2d 18

Opinion

Argued October 23, 1962

Decided December 6, 1962

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE EILPERIN, J.

Emanuel Redfield and Janet Johnson for appellants.

Edward D. Burns, Henry J. Kennedy and William J. O'Shea, Jr., for respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, BURKE and FOSTER. Judges DYE and VAN VOORHIS dissent and vote to reverse and to reinstate the order of Special Term on the dissenting memorandum of Presiding Justice BELDOCK and Justice HILL at the Appellate Division.