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CANNONE v. ESPOSITO

12 N.Y.2d 975 (1963)

John Cannone, Respondent, v. Vincent Esposito, Sr., Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Thomas Grimes and Donald A. Mead for appellant.

Benjamin H. Siff and Morton M. Berger for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to reinstate the judgment of the Trial Term dismissing the complaint.

Order affirmed and judgment absolute directed against appellant on the stipulation, with costs in this court and in the Appellate...

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