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  5. 11 N.Y.2d 749 (1962)
 

W. K. EWING CO., INC. v. NEW YORK STATE TEACHERS' RET. SYS.

11 N.Y.2d 749 (1962)

W. K. Ewing Company, Incorporated, Appellant, v. New York State Teachers' Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1962.

Attorney(s) appearing for the Case

Charles E. Nichols for appellant.

Charles A. Brind for respondent.

Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to reinstate the order of Special Term granting summary judgment to plaintiff for the reasons stated in the memorandum of the Justice at Special Term.

Judgment affirmed, with costs...

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