GERR v. WEISSBERG


47 N.Y.2d 730 (1979)

Lester Gerr et al., Appellants, v. William Weissberg, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 24, 1979.


Attorney(s) appearing for the Case

Stuart A. Schlesinger for appellant.

Edward Thompson and John V. Henry for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We find no error of law in the determination of the Appellate Division that Special Term abused its discretion in conditionally denying defendant's motion for summary judgment. Nor is there any substance to plaintiffs' assertion that the Appellate Division was ousted of its authority of appellate review by the circumstance that, in reliance...

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