PASSAIC VAL. COUNCIL BOY SCOUTS v. HARTWOOD SYNDICATE, 39 N.Y.2d 1022 (1976)

387 N.Y.S.2d 246, 355 N.E.2d 301

PASSAIC VALLEY COUNCIL BOY SCOUTS OF AMERICA et al., Respondents, v. HARTWOOD SYNDICATE, INC., et al., Appellants.

Court of Appeals of the State of New York.Argued June 9, 1976
Decided July 13, 1976

Page 1023

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JAMES GIBSON, J.

Francis Bergan, Lawrence E. Lagarenne and Jack Lipson for Hartwood Syndicate, Inc., appellant.

David B. Gubits for Hartwood Club, appellant.

Page 1024

Lazarus I. Levine and F. Walter Bliss for respondents.

Order entered December 27, 1974 modified, with costs to plaintiffs-respondents, and the judgment of Supreme Court, Sullivan County, reinstated on the opinion by Mr. Justice JAMES GIBSON at Trial Term (75 Misc.2d 1018) and, as so modified, affirmed.

Appeal from order entered April 17, 1975 dismissed, with costs to plaintiffs-respondents, upon the ground that, in view of the disposition on the main appeal, the order involves the exercise of discretion of a type not reviewable by the Court of Appeals.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.