Legal Opinion · Dissent
Szerdahelyi v. Harris
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 1985Published
1Dissent
Sandler, J. P. (dissenting in part).
The facts governing statutory sections and legal background are fully set forth in Mr. Justice Bloom’s comprehensive and interesting opinion. Notwithstanding its persuasiveness, I am unable to agree with the conclusion he reached. It seems to me clear that the language changes introduced into General Obligations Law § 5-519 in 1965 were not intended to overthrow the construction of the section (then General Business Law § 376) adopted in 1912 in Curtiss v Teller (157 App Div 804, affd 217 NY 649) and reaffirmed explicitly by the Court of Appeals in Bowery…
2Cases cited8 opinions
- Sabine v. . PaineNew York Court of Appeals · 1918
- Curtiss v. TellerAppellate Division of the Supreme Court of the State of New York · 1913
- People v. . YoungNew York Court of Appeals · 1913
- Curtiss v. . TellerNew York Court of Appeals · 1916
- Bowery Savings Bank v. NirensteinNew York Court of Appeals · 1935
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