MICELI v. RILEY


79 A.D.2d 165 (1981)

Giacoma Miceli, Appellant-Respondent, v. Arthur Riley et al., Respondents-Appellants, and Robert Cauldwell et al., Respondents

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

February 23, 1981


Attorney(s) appearing for the Case

Tilles/Bronchick (Frank Bronchick and C. Evans Tilles of counsel), for appellant-respondent.

Dreyer & Traub (Samuel Kirschenbaum and Brian Michael Seltzer of counsel), for respondents-appellants.

LAZER, GIBBONS and COHALAN, JJ., concur.


MOLLEN, P. J.

This appeal presents us with a difficult and troubling issue. Both sides have important interests at stake. Both are entirely blameless and without responsibility for the controversy which has engulfed them and which we are now called upon to resolve. The determination we reach is not a happy one, but we can come to no other in view of the principles of law involved and the virtually unique circumstances...

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