Banellis v. Yackel

49 N.Y.2d 882 (1980)

James Banellis, Appellant,

v.

John E. Yackel, Respondent.

Court of Appeals of the State of New York.

Argued January 11, 1980.

Decided March 27, 1980.

Eugene B. Young for appellant.

Elijah Huling, Jr., for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order appealed from should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (69 AD2d 1013). We note that all members of this…