Nevada Bank of Commerce v. 43rd St. Estates Corp.

Full title: NEVADA BANK OF COMMERCE, Plaintiff, v. 43RD STREET ESTATES CORP. et al.…

Court: Court of Appeals of the State of New York

Date published: Oct 18, 1973

304 N.E.2d 372 (N.Y. 1973)

304 N.E.2d 372

349 N.Y.S.2d 676

Opinion

Argued September 17, 1973

Decided October 18, 1973

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE POSTEL, J.

Samuel Kirschenbaum and Milton Brandon for appellants.

Joseph P. Brennan, Frederick Weinberger and H. William Kehl for respondent.

Order reversed, without costs, and the order of Special Term reinstated on the dissenting opinion at the Appellate Division.

Concur: Judges BURKE, GABRIELLI, JONES and WACHTLER. Chief Judge FULD and Judges BREITEL and JASEN dissent and vote to affirm on the opinion at the Appellate Division.