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UNTERBERG v. THERM-AIR MFG. CO., INC.

14 N.Y.2d 859 (1964)

David Unterberg et al., Appellants, v. Therm-Air Mfg. Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1964.

Attorney(s) appearing for the Case

David Unterberg, in person, and Abbie Goldstein for David Unterberg and another, appellants.

Sam W. Galowitz, Benjamin B. Hersh and Louis Okin for respondent.

Concur: Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND and Judge FULD dissent and vote to affirm for the reasons stated in the majority opinion at the Appellate Division.

Order reversed, with costs in this court and in the Appellate Division, and matter remitted to the Supreme Court for the entry of judgment in favor of plaintiffs for the reasons stated in the dissenting opinion at the Appellate...

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