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Cubito v. Kreisberg

51 N.Y.2d 900 Court N.Y. Decision date 1980-11-11 English

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

Contents

Majority

p. 900
Rose Cubito, Respondent, v Gerald Kreisberg, Individually and Doing Business as Daroe Realty, et al., Respondents, and Gindele & Johnson, Appellant, et al., Defendants.
p. 901
Argued October 7, 1980;
decided November 11, 1980
p. 902
APPEARANCES OF COUNSEL
Andrew P. Davis and Richard T. Andrias for appellant.
Benjamin J. Fried for Rose Cubito, respondent.
Harold M. Foster, William F. McNulty and Anthony J. McNulty for Gerald Kreisberg and others, respondents.
Norman Coplan for New York State Association of Architects, Inc., and others, amici curiae.

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice James D. Hopkins at the Appellate Division ( 69 AD2d 738 ). Question certified answered in the affirmative.

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

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