FREIDUS v. EISENBERG


71 N.Y.2d 981 (1988)

Ella Freidus, Respondent, v. Dorothy Eisenberg, as Trustee in Bankruptcy of Todem Homes, Inc., Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1988.


Attorney(s) appearing for the Case

Israel G. Seeger for appellant.

Jeffrey G. Stark and Michael A. Ciaffa for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified by reinstating so much of the judgment as awarded damages to defendant on her counterclaim for use and occupancy and, as so modified, affirmed, with costs.

It is well settled that "parties to a civil litigation, in the absence of a strong countervailing public policy, may consent, formally or by their conduct, to the law to be applied" (Martin v...

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