W. K. Ewing Co. v. New York State Teachers' Retirement System

Full title: W.K. EWING COMPANY, INCORPORATED, Appellant, v. NEW YORK STATE TEACHERS…

Court: Court of Appeals of the State of New York

Date published: Feb 22, 1962

181 N.E.2d 628 (N.Y. 1962)

181 N.E.2d 628

226 N.Y.S.2d 690

Opinion

Argued January 15, 1962

Decided February 22, 1962

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ISADORE BOOKSTEIN, J.

Charles E. Nichols for appellant.

Charles A. Brind for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to reinstate the order of Special Term granting summary judgment to plaintiff for the reasons stated in the memorandum of the Justice at Special Term.