Gabay v. Rosenberg

New York Court of Appeals

Gabay v. Rosenberg

227 N.E.2d 889, 19 N.Y.2d 899, 281 N.Y.S.2d 91, 1967 N.Y. LEXIS 1484

DecidedMay 18, 1967

StatusPublished

This text of 227 N.E.2d 889 (Gabay v. Rosenberg) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gabay v. Rosenberg, 227 N.E.2d 889, 19 N.Y.2d 899, 281 N.Y.S.2d 91, 1967 N.Y. LEXIS 1484 (N.Y. 1967).

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Opinion

Order reversed, without costs. In our opinion, the agreed statement of facts is sufficient. Since the Appellate Division, taking a different view, has declined to consider or pass upon fact questions, the case is remitted to that court for a determination upon the merits. (CPLR 5613; see, e.g., Matter of Brenner v. Great Cove Realty Co., 6 N Y 2d 435, 444.)

Concur: Chief Judge Fuld and Judges Burke, Bergan and Keating. Judges Van Voorhis, Soileppi and Brbitel dissent and vote to affirm.

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Order reversed, without costs. In our opinion, the agreed statement of facts is sufficient. Since the Appellate Division, taking a different view, has declined to consider or pass upon fact questions, the case is remitted to that court for a determination upon the merits. (CPLR 5613; see, e.g., Matter of Brenner v. Great Cove Realty Co., 6 N Y 2d 435, 444.)

Concur: Chief Judge Fuld and Judges Burke, Bergan and Keating. Judges Van Voorhis, Soileppi and Brbitel dissent and vote to affirm.

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Bluebook (online)

227 N.E.2d 889, 19 N.Y.2d 899, 281 N.Y.S.2d 91, 1967 N.Y. LEXIS 1484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabay-v-rosenberg-ny-1967.