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Lipkis v. Pikus

64 N.Y.2d 830 Court N.Y. Decision date 1985-02-07 English

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p. 830
Eliahu Lipkis, Respondent, v Mario Pikus et al., Appellants.
Argued January 7, 1985;
decided February 7, 1985
p. 831
APPEARANCES OF COUNSEL
Kenneth G. Schwarz and Stuart F. Gruskin for appellants.
Nathaniel T. Helman and William H. Morris for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The only issue presented by the question certified was whether the Appellate Division had the power to grant the relief given to petitioner by that court. The Appellate Division had the power. We pass on no other issue. Question certified answered in the affirmative (see, Brady v Ottaway Newspapers, 63 NY2d 1031 ; Serenity Homes v Town Bd., 37 NY2d 841 ).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.

Order affirmed, with costs, and question certified answered in the affirmative in a memorandum.

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