TINSTON v. CITY OF NEW YORK, 13 N.Y.2d 850 (1963)

242 N.Y.S.2d 490, 192 N.E.2d 271

WILLIAM J. TINSTON, Respondent, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of the State of New York.Argued June 5, 1963
Decided July 10, 1963

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, PETER A. QUINN, J.

Page 851

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 852

could meet its specifications. The following question was certified: “Does the complaint herein state a cause of action?”

Leo A. Larkin, Corporation Counsel (Seymour B. Quel, John F. Kelly and Leon A. Fischel of counsel), for appellants.

John P. McGrath for respondent.

Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.