Summary
adopting the concurring and dissenting opinion of the intermediary appellate court's case
Summary of this case from Schwartz v. American Medical Ass'nOpinion
Argued March 25, 1982
Decided May 6, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD M. O'GORMAN, J.
Joseph Sluzar for appellants.
John S. McBride and Michael Davidoff for respondents.
Order reversed, with costs, and the judgments of Supreme Court, Orange County, reinstated for reasons stated in the concurring in part and dissenting in part opinion of Presiding Justice MILTON MOLLEN and Justice VITO J. TITONE at the Appellate Division ( 82 A.D.2d 120, 126-133). Question certified answered in the negative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.