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LIPTON v. BRUCE

4 N.Y.2d 975 (1958)

Edward A. Lipton et al., Appellants, v. Winfield R. Bruce, Respondents.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Edward A. Lipton, appellant in person and for Blanche F. Lipton, appellant.

Richard N. Ames for respondent.

Chief Judge CONWAY and Judges DYE, FULD, VAN VOORHIS and BURKE concur in Per Curiam opinion; Judge DESMOND dissents in an opinion in which Judge FROESSEL concurs.

Per Curiam.

The order of the Appellate Division should be reversed, with costs in all courts, and the judgment of the Supreme Court, Madison County, entered July 24, 1956, in favor of plaintiffs Edward A. Lipton and Blanche F. Lipton and against the defendant, Winfield R. Bruce, made and entered pursuant to our remittitur dated July 11, 1956, should be reinstated. When we remitted...

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