Pilat v. Sachs , 42 N.Y.2d 984 ( 1977 )

Memorandum. The courts below considered the question of permeation of fraud and irregularities, usually a question of fact, and resolved in each instance this question in respondents’ favor. (Matter of Ruiz v McKenna, 40 NY2d 815.) Consequently, the designating petition must be sustained and the order of the Appellate Division affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.