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Order reversed on the dissenting opinion at the Appellate Division, with costs in all courts, and defendant’s motion to dismiss the complaint granted. Question certified answered in the negative.
Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gtabrielli, Jones and Wachtler.
Document Info
Citation Numbers: 31 N.Y.2d 1040
Filed Date: 2/15/1973
Precedential Status: Precedential
Modified Date: 1/12/2023