GAIR v. PECK


6 N.Y.2d 97 (1959)

Harry A. Gair et al., Respondents, v. David W. Peck et al., Individually and as Justices of the Appellate Division of the Supreme Court of the State of New York in and for the First Judicial Department, Appellants.

Court of Appeals of the State of New York.

Decided May 28, 1959.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (James O. Moore, Jr., of counsel), for appellants.

Frank H. Gordon, Robert M. Benjamin, Phillip W. Haberman, Jr., and W. Mason Smith, Jr., for Association of the Bar of the City of New York, amicus curiæ, in support of appellants' position.

Howard Hilton Spellman, Samuel G. Fredman and Henry A. Weinstein for respondents.

David Stein and Harry Cohen for Bronx County Bar Association, amicus curiæ, in support of respondents' position.

Louis E. Schwartz and Louis M. Brass for Brooklyn Bar Association, amicus curiæ, in support of respondents' position.

N. Le Van Haver for Federation of Bar Associations of the Third Judicial District, amicus curiæ, in support of respondents' position.

Thomas Schleier for Richmond County Bar Association, amicus curiæ, in support of respondents' position.

Joseph F. O'Brien for Suffolk County Bar Association, amicus curiæ, in support of respondents' position.

Copal Mintz for New York County Lawyers Association, amicus curiæ, in support of respondents' position.

Joseph J. Perrini for Queens County Bar Association, amicus curiæ, in support of respondents' position.

James Dempsey and Paul L. Bleakley for Westchester County Bar Association, amicus curiæ, in support of respondents' position.

Chief Judge CONWAY and Judges DESMOND, DYE and FULD concur with Judge VAN VOORHIS; Judges FROESSEL and BURKE dissent in separate opinions.


VAN VOORHIS, J.

This is an appeal from a judgment of the Appellate Division, Third Department, affirming a summary judgment in favor of plaintiffs, entered upon an order of the New York County Special Term. The appeal in the Appellate Division was transferred to the Third Department by the First Department. The judgment under review is a declaratory judgment, determining that the Appellate Division, First Department...

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