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ROTTKAMP v. YOUNG

15 N.Y.2d 831 (1965)

Joseph Rottkamp et al., Appellants, v. John C. Young et al., Respondents. Louis Lambran et al., Appellants, v. John C. Young et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

William J. White and Harry Rosenberg for appellants.

John A. Morhous, Town Attorney (George B. Schneider of counsel), for respondents.

Concur: Judges DYE, FULD, SCILEPPI and BERGAN. Judge BURKE dissents and votes to reverse and reinstate the order of Special Term in the following opinion in which Chief Judge DESMOND and Judge VAN VOORHIS concur.

Order affirmed, with costs, for the reasons stated in the opinion at the Appellate Division.

BURKE, J. (dissenting).

With the exception of California (Dawson v. Martin, 150 Cal.App.2d 379; Hardy v. Vial, 48 Cal.2d 577) and the Federal courts (Spalding v. Vilas, 161 U.S. 483; Gregoire v. Biddle,

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