# Holodook v. Spencer

> Appellate Division of the Supreme Court of the State of New York · December 13, 1973 · 43 A.D.2d 129

URL: https://www.frixlaw.com/law-library/cases/5790069

## Case

- **Full name:** John J. Holodook, as Parent and Natural Guardian of James J. Holodook, an Infant v. Cornelius Spencer, and Third-Party Plaintiff-Respondent Sophia Holodook, Third-Party
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 13, 1973
- **Citations:** 43 A.D.2d 129; 350 N.Y.S.2d 199; 1973 N.Y. App. Div. LEXIS 2888
- **Precedential status:** Published
- **Opinion:** Dissent by Staley
- **Judges:** Greenblott, Staley
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5790069

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5790069. Public record. Not legal advice.