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VIGODA v. MARCHBEIN

13 A.D.2d 111 (1961)

Samuel Vigoda, Respondent, v. Hirsch Marchbein, Appellant

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

April 25, 1961.

Attorney(s) appearing for the Case

Morris Honig (Isidor Blum of counsel), for appellant.

Johanan Vigoda for respondent.

BREITEL, J. P., STEVENS and BASTOW, JJ., concur in Per Curiam opinion; STEUER, J., dissents and votes to reverse in opinion in which VALENTE, J., concurs.

Per Curiam.

It is alleged in the complaint that defendant addressed a letter to all the members of an association which included plaintiff and most of the professional orthodox Jewish cantors in the United States. Therein it was stated that plaintiff "asked our Office-secretary to give him `A CERTAIN AMOUNT OF BLANK RECEIPTS' from our receipt book, which she did. ALL HE HAS TURNED IN TO OUR OFFICE FROM THE APPEAL WAS...

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