56-70 58th Street Holding Corp. v. Fedders-Quigan Corp. (7 N.Y.2d 752, 1959)

Upon reargument, previous determination of April 17, 1959 (5 NY 2d 557) adhered to, viz.: Judgment of Appellate Division reversed and that of Trial Term reinstated, with costs in this court and in the Appellate Division. Opinion by Judge Froessel in which Chief Judge Conway and Judge Van Yoorhis concur; Judge Fuld concurs in a separate opinion; Judge Burke dissents in an opinion in which Judges Desmond and Dye concur.