Canino v. Engelstein

43 N.Y.2d 922 (1978)

Frank L. Canino, as Commissioner of Finance of the City of Syracuse, Appellant,

v.

Ahleen Engelstein, as Executrix of David Engelstein, Deceased, Respondent.

Court of Appeals of the State of New York.

Argued January 12, 1978.

Decided February 16, 1978.

David M. Garber, Corporation Counsel (James L. Gelormini of counsel), for appellant.

Donald J. Ball for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER concur in memorandum; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge COOKE concurs; Judge FUCHSBERG taking no part.

MEMORANDUM.