Greenfield v. Denner

Orders of Appellate Division reversed and those of Special Term reinstated, as follows: The first cause of action is dismissed for the reasons set forth in the dissenting opinion in the Appellate Division; the defense of laches and estoppel is stricken from the amended answers to the second cause of action upon the ground that it is insufficient in law. Questions certified Nos. 1 and 4 answered in the negative; questions Nos. 2 and 3 not answered. No opinion.

Concur: Judges Desmond, Dye, Fuld and Van Voorhis. Chief Judge Conway and Judges Froessel and Burke dissent and vote to affirm the order…