Companion v. Touchstone

88 N.Y.2d 1043 (1996)

674 N.E.2d 329

651 N.Y.S.2d 399

Stephen Companion, Appellant,

v.

W. Joseph Touchstone, Respondent.

Court of Appeals of the State of New York.

Argued September 10, 1996.

Decided October 17, 1996.

Hancock & Estabrook, L. L. P., Syracuse (Janet D. Callahan of counsel), for appellant.

Green & Seifter, P. C., Syracuse (Lee Alcott of counsel), for respondent.

Concur: Chief Judge KAYE and Judges BELLACOSA, LEVINE and CIPARICK. Judge SMITH dissents in the following opinion in which Judges SIMONS and TITONE concur.

Order affirmed, with costs, for the reasons stated in the memorandum of the…