HOWARD STORES CORP. v. POPE


1 N.Y.2d 110 (1956)

Howard Stores Corporation et al., Appellants, v. Clarence Pope, Doing Business as Colonial Service Floor Scraping and Waxing Company, et al., Defendants, and Prospect Floor Supply Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 19, 1956.


Attorney(s) appearing for the Case

Howard E. Levitt and Sidney N. Zipser for appellants.

Mark L. Giller and Stanley B. Dreyer for respondent.

CONWAY, Ch. J., FULD and BURKE, JJ., concur with DESMOND, J.; DYE and VAN VOORHIS, JJ., dissent and vote to affirm; FROESSEL, J., taking no part.


DESMOND, J.

The several plaintiffs, being the tenant and the owners, respectively, of a building in Manhattan which was damaged by fire in 1954, appeal as of right from a judgment entered on a unanimous order of the Appellate Division, First Department which reversed a Special Term order. The latter order had denied a motion made by defendant-respondent Prospect (the other defendants did not move) to dismiss this...

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