AMATO v. OUR LADY OF PEACE ROMAN CATHOLIC CHURCH


56 N.Y.2d 999 (1982)

Maria Amato, Plaintiff, v. Our Lady of Peace Roman Catholic Church, Defendant and Third-Party Plaintiff-Appellant. City of New York, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Joseph D. Ahearn, Dennis P. Hannafey and Michael Majewski for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Debbie E. Sreter and Ronald E. Sternberg of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, third-party defendant's motion for summary judgment denied, summary judgment granted in favor of third-party plaintiff against third-party defendant, and the case remitted to Supreme Court for a determination of the amount to be awarded in interest.

In 1972, Our Lady of Peace Roman Catholic Church leased to the City of New York its basement...

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