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Garofano Construction Co. v. City of New York

11 N.Y.2d 939 Court N.Y. Decision date 1962-05-10 English

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p. 939
Garofano Construction Co., Inc., et al., Appellants-Respondents, v. City of New York, Respondent-Appellant.
Argued April 4, 1962;
decided May 10, 1962.
p. 941
Edward J. Bloustein and Albert Foreman for appellants-respondents.
Leo A. Larkin, Corporation Counsel (Seymour B. Quel and Milton E. Harris of counsel), for respondent-appellant.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel and Foster. Judge Van Voorhis dissents in part and votes to reverse the judgment insofar as it is in favor of plaintiffs and to dismiss the complaint upon the ground that, as matter of law, the contract between the parties does not transfer to plaintiffs any equipment on the premises to which the city itself did not obtain title. Taking no part: Judge Burke.