TOLISANO v. TEXON


75 N.Y.2d 732 (1989)

Mario Tolisano, as Administrator of The Estate of Samuel Tolisano, Deceased, Respondent, v. Meyer Texon, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 1989.


Attorney(s) appearing for the Case

Russell T. McHugh and Frederick N. Gaffney for appellant.

Charles Haydon for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.


Order reversed, with costs, defendant's motion to dismiss the complaint granted and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice George Bundy Smith at the Appellate Division (144 A.D.2d 267

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