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Passaic Valley Council Boy Scouts of America v. Hartwood Syndicate, Inc.

39 N.Y.2d 1022 Court N.Y. Decision date 1976-07-13 English

Contents

Majority

p. 1022
Passaic Valley Council Boy Scouts of America et al., Respondents, v Hartwood Syndicate, Inc., et al., Appellants.
Argued June 9, 1976;
decided July 13, 1976
p. 1023
Francis Bergan, Lawrence E. Lagarenne and Jack Lipson for Hartwood Syndicate, Inc., appellant.
David B. Gubits for Hartwood Club, appellant.
p. 1024
Lazarus I. Levine and F. Walter Bliss for respondents.

Order entered December 27, 1974 modified, with costs to plaintiffs-respondents, and the judgment of Supreme Court, Sullivan County, reinstated on the opinion by Mr. Justice James Gibson at Trial Term ( 75 Misc 2d 1018 ) and, as so modified, affirmed.

Appeal from order entered April 17, 1975 dismissed, with costs to plaintiffs-respondents, upon the ground that, in view of the disposition on the main appeal, the order involves the exercise of discretion of a type not reviewable by the Court of Appeals.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.

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