Golding v. Mauss — 27 N.Y.2d 580

Majority

p. 580

Carol Golding, Appellant, v. Renee Mauss et al., Respondents.

Submitted May 13, 1970;

decided May 28, 1970.

p. 581

Isadore B. Hurwitz and Solomon Feldman for appellant.

William F. McNulty and Daniel J. Coughlin for respondents.

Order reversed, without costs, for reasons stated in dissenting opinion at Appellate Division, and case remitted to Appellate

p. 582

Division for consideration of questions of fact, if any, raised on appeal to that court (CPLR 5612, subd. [a], 5613).

Concur: Chief Judge Fuld and Judges Burke, Breitel and Gibson. Judges Scileppi, Bergan and Jasen dissent and vote to affirm on prevailing opinion at the Appellate Division.