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  5. 15 N.Y.2d 601 (1964)
 

H. L. KLION, INC. v. VENIMORE BLDG. CORP.

15 N.Y.2d 601 (1964)

H. L. Klion, Inc., Appellant-Respondent, v. Venimore Building Corp., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1964.

Attorney(s) appearing for the Case

Jacob W. Abraham for appellant-respondent.

Milton Pinkus for respondent-appellant.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order modified, with costs in all courts to plaintiff, and matter remitted to Special Term for the entry of a declaratory judgment in favor of plaintiff on the complaint and for dismissal of the counterclaims, and, as so modified, affirmed for the reasons stated in the dissenting opinion of the Appellate Division.

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