Caristo v. Sanzone

96 N.Y.2d 172 (2001)

750 N.E.2d 36

726 N.Y.S.2d 334

ANTOINETTE CARISTO et al., Appellants,

v.

AUGUSTINE SANZONE et al., Respondents.

Court of Appeals of the State of New York.

Argued February 6, 2001.

Decided April 3, 2001.

DiJoseph & Portegello, P. C., New York City (Arnold E. DiJoseph, III, of counsel), for appellants.

O'Donnell & McLaughlin, Staten Island (Alan M. McLaughlin of counsel), for respondents.

Chief Judge KAYE and Judges LEVINE, CIPARICK and WESLEY concur with Judge GRAFFEO; Judge ROSENBLATT dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT