¶1All concur, except Williams, P. J., who dissents and votes to grant the motion for summary judgment, on the authority of Carbone v. Mackchil Realty Corp. (296 N. Y. 154). (Cf. Mayer v. Temple Props., 307 N. Y. 559.) (Appeal from order of Genesee Special Term denying defendant’s motion for summary judgment.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.
14 A.D.2d 830
Schiavi v. Reed
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-10-26
Relies on Carbone v. MacKchil Realty Corp. · Mayer v. Temple Properties Inc.
Decided 1961-10-26