New York University v. Dormitory Authority — 35 N.Y.2d 726

Majority

p. 726

New York University, Appellant, v. Dormitory Authority of the State of New York et al., Respondents, et al., Defendants.

Argued October 15, 1974;

decided October 17, 1974.

p. 728

Richard N. Winfield, John A. Wells, James M. Ringer and Mary G. Daly for appellant.

Clarence W. Olmstead, Jr. and W. Foster Wollen for First National City Bank, respondent.

Edward G. Mendrzycki and Louis G. Corsi for Dormitory Authority, respondent.

Order affirmed, without costs, on the memorandum at the Appellate Division, except it is not essential that the parties to the resolution foresaw in fact the prepayment contingency which arose. It is enough that the terms of the resolution covered the contingency. Question certified answered in the affirmative.

Concur: Chief Judge Bbeitel and Judges Jasen, Gabrielli, Jones, Wachtleb, Rabin and Stevens.