Herbert v. Morgan Drive-A-Way, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, motion by defendants Morgan Drive-A-Way, Inc. and Errol K. Miller for summary judgment dismissing the complaint of plaintiffs Batoul Herbert and Donald Herbert as against them in action No. 1 denied and certified question answered in the affirmative for the reasons stated in the dissenting memorandum of Justice Paul J. Yesawich, Jr., at the Appellate Division (202 AD2d 886, 888-889).
Concur: Chief Judge Kaye and…
2Cases cited1 opinion
- Herbert v. Morgan Drive-Away, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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