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WEISMAN v. AWNAIR CORP. OF AM.

3 N.Y.2d 444 (1957)

Norman J. Weisman et al., Appellants, v. Awnair Corporation of America et al., Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Osmond K. Fraenkel and Harold Epstein for appellants.

Sidney Orenstein for respondents.

DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur with CONWAY, Ch. J.; FULD, J., concurs upon the second ground stated in the opinion; DESMOND, J., dissents in a separate opinion.

CONWAY, Ch. J.

Plaintiffs appeal to this court from a judgment, entered upon an amended order of the Appellate Division, Second Department, which (1) reversed an order of the Supreme Court, Nassau County, denying a motion under rule 106 (subd. 4) of the Rules of Civil Practice to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and (2) dismissed the...

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