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LEVINE v. BORNSTEIN

7 A.D.2d 995 (1959)

R. H. Levine, as Assignee of Atwater Live Poultry Co., Inc., Appellant, v. Thomas Bornstein, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 2, 1959

Order and judgment affirmed, without costs.

No opinion.

Kleinfeld, J., dissents and votes to reverse the order, to deny the motion, and to vacate the judgment, with the following memorandum:

As was held at the Special Term, the privilege was well taken (Bradley v. O'Hare, 2 A.D.2d 436), and there is no statutory authority, in this State, to strike out a pleading for the exercise of the privilege...

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