GILLIGAN v. TISHMAN REALTY & CONSTR. CO.


1 N.Y.2d 121 (1956)

Mae Gilligan et al., Respondents, v. Tishman Realty & Construction Co., Inc., et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 26, 1956.


Attorney(s) appearing for the Case

Samuel Gottlieb and Harry Giesow for Tishman Realty & Construction Co., Inc., and others, appellants.

Robert S. Fougner for 1070 Park Avenue Corp., and others, appellants.

Nathan B. Kogan, David M. Palley and Abe Siegel for respondents.

FULD, FROESSEL and VAN VOORHIS, JJ., concur with DESMOND, J.; BURKE, J., dissents in an opinion in which CONWAY, Ch. J., concurs; DYE, J., taking no part.


DESMOND, J.

The question of law on this appeal is: When the Appellate Division, reversing the lower court, has as against all or several of the defendants in a cause ordered a new trial, and when some but not all of those defendants instead of going back for the new trial have chosen to appeal to this court by giving their stipulations absolute (Civ. Prac. Act, § 588, subd. 3) and when this court on that...

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