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First National City Bank v. Tara Realty Corp.

48 N.Y.2d 793 Court N.Y. Decision date 1979-11-15 English

Contents

Majority

p. 793
First National City Bank, Plaintiff, v Tara Realty Corporation et al., Defendants, Long Island Beef Co. et al., Respondents, and Teachers Insurance and Annuity Association of America, Appellant.
Argued October 16, 1979;
decided November 15, 1979
p. 795
APPEARANCES OF COUNSEL
Samuel Kirshenbaum and Brian Michael Seltzer for appellant.
Burton Citak for John Bruno and another, respondents.
Robert Jay Rapoport for Long Island Beef Co., respondent.

OPINION OF THE COURT

Order reversed, with costs, and judgment granted in favor of appellant for the reasons stated in the dissenting opinion by Mr. Justice Joseph P. Sullivan at the Appellate Division (64 AD2d, at pp 462-465).

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