• Court of Appeals
  • 39 N.Y.2d 241 (1976)
  • Before: Ch.J. Breitel and J.J. Jasen, Fuchsberg and Cooke concur with Judge Jones; Judge Gabrielli dissents and votes to affirm in a separate opinion in which Judge Wachtler concurs.
  • For Plaintiff: For Appellant: Richard C. Welden. For Respondents: Daniel G. Donovan and Gerald Nolan.

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