Tip Top Farms, Inc. v. Dairylea Cooperative, Inc.

New York Court of Appeals

Tip Top Farms, Inc. v. Dairylea Cooperative, Inc.

503 N.E.2d 692, 69 N.Y.2d 625, 511 N.Y.S.2d 227, 1986 N.Y. LEXIS 21202

New York Court of Appeals·Decided December 16, 1986·Published·Cited by 2 cases

Opinion

OPINION OF THE COURT

Order affirmed, without costs, for reasons stated in the opinion by Justice Isaac Rubin at the Appellate Division (114 AD2d 12). Question certified answered in the affirmative. Cross appeal by defendant as to actions Nos. 2 and 3 dismissed, without costs, upon the ground that defendant is not aggrieved by the order of the Appellate Division insofar as it affirmed the orders in those actions (CPLR 5511).

Concur: Judges Simons, Kaye, Alexander and Titone. Chief Judge Wachtler and Judges Meyer and Hancock, Jr., dissent in part and vote to modify by denying branches of defendant’s motions for summary judgment in accordance with and for the reasons stated in the concurring in part and dissenting in part opinion of Justice Leon D. Lazer at the Appellate Division (114 AD2d 12, 27-37).

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Order affirmed, without costs, for reasons stated in the opinion by Justice Isaac Rubin at the Appellate Division (114 AD2d 12). Question certified answered in the affirmative. Cross appeal by defendant as to actions Nos. 2 and 3 dismissed, without costs, upon the ground that defendant is not aggrieved by the order of the Appellate Division insofar as it affirmed the orders in those actions (CPLR 5511).

Concur: Judges Simons, Kaye, Alexander and Titone. Chief Judge Wachtler and Judges Meyer and Hancock, Jr., dissent in part and vote to modify by denying branches of defendant’s motions for summary judgment in accordance with and for the reasons stated in the concurring in part and dissenting in part opinion of Justice Leon D. Lazer at the Appellate Division (114 AD2d 12, 27-37).

Tip Top Farms, Inc. v. Dairylea Cooperative, Inc., 503 N.E.2d 692, 69 N.Y.2d 625, 511 N.Y.S.2d 227, 1986 N.Y. LEXIS 21202 (N.Y. 1986).

Pincite

503 N.E.2d 692 (Tip Top Farms, Inc. v. Dairylea Cooperative, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related