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GAROFANO CONSTR. CO., INC. v. CITY OF NEW YORK

11 N.Y.2d 939 (1962)

Garofano Construction Co., Inc., et al., Appellants-Respondents, v. City of New York, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1962.

Attorney(s) appearing for the Case

Edward J. Bloustein and Albert Foreman for appellants-respondents.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel and Milton H. Harris of counsel), for respondent-appellant.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and FOSTER. Dissent: Judge VAN VOORHIS. Taking no part: Judge BURKE.

Judgment affirmed, without costs; no opinion.

Judge VAN VOORHIS dissents in part and votes to reverse the judgment insofar as it is in favor of plaintiffs and to dismiss the complaint upon the ground that, as matter of law, the contract between the parties does not transfer to plaintiffs any equipment on the premises to which the city itself did not...

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