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BROWN v. KAHANICK

4 N.Y.2d 782 (1958)

John R. Brown, Respondent, v. Mary Kahanick, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

William R. Meagher for appellant.

Milton R. Wessel, Harry N. Wessel and William J. Quinlan for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL and BURKE. Judges FULD and VAN VOORHIS dissent and vote to reverse the order and to dismiss the amended complaint for the reasons stated by Justice BOTEIN in his dissenting opinion in the Appellate Division.

Order affirmed, with costs. Question certified answered in the affirmative...

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