Schwanke v. Berghauer — 55 N.Y.2d 863

Majority

p. 863

Edmund Schwanke et al., Appellants, v Laci Berghauer et al., Respondents.

Decided January 19, 1982

p. 864

APPEARANCES OF COUNSEL

Martin Rosenblum and Michael M. Platzman for appellants.

Joseph C. Spano for respondents.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. In view of the trial court’s factual findings, which were affirmed by the Appellate Division, we agree that plaintiffs are not entitled to recover compensation from defendants for their claimed losses on any of the theories presented.

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