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SABO v. DELMAN

3 N.Y.2d 155 (1957)

Louis Sabo, Appellant, v. Herman B. Delman, Defendant, and Abraham Rotwein, as Executor of Herman B. Delman, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Armand Gilinsky, Paul Mishkin and Caroline K. Simon for appellant.

David W. Kahn, Benjamin Seligman, William M. Kahn and Aaron Waldman for respondents.

CONWAY, Ch. J., DESMOND, FROESSEL and BURKE, JJ., concur with FULD, J.; DYE and VAN VOORHIS, JJ., dissent and vote to affirm upon the ground that any obligation on defendants' part to exploit this invention was of a contractual nature and does not sound in fraud.

FULD, J.

On this appeal, here by permission of the Appellate Division, a certified question calls upon us to say whether the court at Special Term was correct in granting defendants' motion for judgment on the pleadings dismissing the complaint.

Although seeking varied relief, the complaint is primarily one for rescission of certain arrangements, made between plaintiff and the several defendants, on the...

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