TABOLT v. KMZ ENTERPRISES, INC., 43 N.Y.2d 687 (1977)

401 N.Y.S.2d 65, 371 N.E.2d 827

ROGER C. TABOLT et al., Doing Business as MOHAWK BOILER SERVICE, Appellants, v. KMZ ENTERPRISES, INC., Doing Business as COLGATE INN, et al., Defendants, and HAMILTON ASSOCIATES, INC., et al., Respondents.

Court of Appeals of the State of New York.Argued October 11, 1977
Decided November 15, 1977

Appeal from the Appellate Division of the

Page 688

Supreme Court in the Third Judicial Department, HOWARD A. ZELLER, J.

Ira M. Ball for appellants.

Joseph J. Pileckas for respondents.

Page 689

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (52 A.D.2d 995).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.