Glasser v. Essaness Theatres Corp.

I dissent.both (1) from the procedure adopted by the majority of the court in granting the petition for rehearing through participation of a new member of the court, and (2) from the conclusions of the majority upon the merits of the case.

1. The petition for rehearing was filed after the reassignment of Judges Tuohy and Feinberg to other divisions of the Appellate Court on June 18, 1951. There remained of the former members of the division as of that date only one justice, Judge Niemeyer, who had filed a dissenting opinion. Judge Burke and I, who were assigned to sit with Judge Niemeyer as…