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BREGOFF v. RUBIEN

10 N.Y.2d 763 (1961)

Isidor Bregoff, Appellant, v. Abner J. Rubien, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Charles H. Tuttle and Marshall L. Rosenberg for appellant.

Edward A. Winkelman for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse and to deny the motion for summary judgment for the reasons stated in the dissenting opinion of Justice RABIN in the Appellate Division.

Judgment affirmed, without costs...

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