Matter of Kogan v. D'Angelo

54 N.Y.2d 781 (1981)

In the Matter of Bruce Kogan, Respondent,

v.

Ronald D'Angelo, Appellant. (And Another Proceeding.)

Court of Appeals of the State of New York.

Argued September 1, 1981.

Decided September 3, 1981.

Louis J. Marrero for appellant.

Henry Stanziale for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to that court for its consideration of the facts.

The Trial Judge, based on a stipulation that 45…