ROMANELLO v. HIRSCHFELD, 63 N.Y.2d 613 (1984)

479 N.Y.S.2d 519, 468 N.E.2d 701

DALE ROMANELLO et al., Appellants, v. ABRAHAM HIRSCHFELD et al., Respondents.

Court of Appeals of the State of New York.
Decided July 3, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard W. Wallach, J.

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Sheldon M. Greenbaum for appellants.

Michael Majewski for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified with costs to plaintiffs, plaintiffs’ motion for partial summary judgment granted on the first, second and

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third causes of action as to liability for wrongful eviction and case remitted to Supreme Court, New York County, for the reasons stated in the dissenting memorandum by Justice E. Leo Milonas at the Appellate Division (98 A.D.2d 657, 658), and for further proceedings in accordance with that dissenting memorandum; and, as so modified, order affirmed. Question certified answered in the negative.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.