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RICHGOLD TRADING CORP. v. LEVINE

11 N.Y.2d 651 (1962)

Richgold Trading Corp., Respondent, v. Julius M. Levine, Appellant.

Court of Appeals of the State of New York.

Decided January 11, 1962.

Attorney(s) appearing for the Case

Samuel Gottlieb, Joseph G. Abramson, Walter Feldesman, Alfred S. Schechter and Murray L. Lewis for appellant.

Stanley Goldstein, Herbert Schrank and Sidney Segelstein for respondent.

Concur: Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge DYE dissent and vote to affirm upon the ground that the opposing affidavits are so incredible that they fail to raise any bona fide issue requiring a trial.

Judgment reversed, with costs in all courts, and matter remitted to Special Term for further proceedings upon the ground that triable issues of fact are presented by the pleadings and affidavits, and the motion for summary judgment should...

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