HOWARD v. MURRAY


55 A.D.2d 181 (1976)

George M. Howard et al., Appellants-Respondents, v. William E. Murray, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 21, 1976


Attorney(s) appearing for the Case

Jerome R. Halperin for appellants-respondents.

Archibald A. Patterson for respondent-appellant.

MARKEWICH, J. P., and NUNEZ, J., concur with CAPOZZOLI, J.; SILVERMAN, J., dissents in an opinion.


CAPOZZOLI, J.

We affirm this judgment for the reasons set forth in the well considered and sound opinion of the trial court, arrived at after a lengthy trial during the course of which both parties had ample opportunity to present their proofs. We do not propose to add to that opinion as we are satisfied that it fairly represents the views of the majority. We shall, however, discuss some aspects of the views...

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