Victor v. Lyon Associates, Inc.

287 N.Y.S.2d 424 · New York Court of Appeals · Dec 29, 1967

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Carl S. Victor, Respondent, v. Lyon Associates, Inc., Et Al., Defendants. Hanover Insurance Company of New York, Appellant; In the Matter of Carl S. Victor, Respondent, v. Hanover Insurance Company of New York, Appellant

In Victor v. Lyon Assoc.: Order affirmed, with costs, upon the opinion of Chief Judge Fuld in Simpson v. Loehmann (21 N Y 2d 305, decided herewith). Question certified answered in the affirmative. All concur, Judges Keating and Breitel on the grounds stated in their respective concurring opinions in Simpson v. Loehmann, and Judge Bergan on the grounds stated in the concurring opinion by Judge Breitel in Simpson v. Loehmann, except Judges Burke and Scileppi who dissent and vote to reverse on the grounds stated in the dissenting opinion in Simpson v. Loehmann. In Matter of Victor v. Hanover Ins. Co.: The direct appeal is dismissed on the ground that the order appealed from is not final. No opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.