Carroll v. Dilan — 39 N.Y.2d 717

Majority

p. 717

In the Matter of James B. Carroll et al., Appellants, v Martin Dilan et al., Respondents.

Argued March 31, 1976;

decided April 2, 1976

p. 718

Nicholas A. Clements and John B. Graziadei for appellants.

Martin E. Connor for respondents.

Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division. We note particularly that the reversal there was on the facts as well as on the law.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.