Yorkville Restaurant, Inc. v. Perlbinder — 28 N.Y.2d 647

Majority

p. 647

Yorkville Restaurant, Inc., Respondent, v. Julius Perlbinder et al., Doing Business under the name of 185 E. 85th St. Company, Appellants, and Jermy Coffee Shops, Inc., Respondent.

Argued January 18, 1971;

decided February 18, 1971.

p. 650

John J. Boyle and John G. O’Malley for appellants.

Joseph G. Gubman and Robert I. Edlitz for plaintiff-respondent.

Gerald D. Broder for defendant-respondent.

Order affirmed, with costs to plaintiff-respondent against appellants. Question certified answered in the affirmative. No opinion.

Concur: Chief Judge Fuld and Judges Scileppi, Bebgan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.