AMSTERDAM SAV. BANK v. CITY VIEW MGMT. CORP.


45 N.Y.2d 854 (1978)

Amsterdam Savings Bank et al., Respondents, v. City View Management Corp., Intervenor-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 19, 1978.


Attorney(s) appearing for the Case

Jerome D. Brownstein for intervenor-appellant.

Joel B. Hersch and Louis A. Brevetti for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division affirmed, without costs. Submission by respondents of material outside the record and discussion in respondents' brief of such material have been disregarded. Because of the inclusion of the offending material costs are not awarded.

Intervenor-appellant was not, as respondent banks argue, just any member of the public, but a serious bidder who had made various commitments...

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