Opinion

Holodook v. Spencer

43 A.D.2d 129
350 N.Y.S.2d 199
1973 N.Y. App. Div. LEXIS 2888

Court: Appellate Division of the Supreme Court of the State of New York
Filed: Dec 13, 1973
Status: Published
Author: Staley
On the bench: Greenblott, Staley
Cited by: 8 cases

The opinion

Staley, Jr., J. P.

(dissenting). I dissent and would affirm the order of Special Term which denied the motion to dismiss the counterclaim and third-party complaint based on my dissenting opinion in Graney v. Graney (43 A D 2d 207 [decided herewith]).

Sweeney, Kane and Reynolds, JJ., concur with Greenblott, J.; Staley, Jr., J. P., dissents and votes to affirm in a separate opinion.

Order reversed, on the law and the facts, and motion granted, without costs.

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