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  5. 16 N.Y.2d 1031 (1965)
 

ANCESS v. TREBUHS REALTY CO., INC.

16 N.Y.2d 1031 (1965)

Harry Ancess, Appellant, v. Trebuhs Realty Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1965.

Attorney(s) appearing for the Case

George J. Malinsky and Abraham Rosenfeld for appellant.

James M. McLaughlin, Jr., for respondent.

Concur: Judges DYE, FULD, VAN VOORHIS and SCILEPPI. Chief Judge DESMOND and Judge BURKE dissent and vote to reverse upon the dissenting opinion at the Appellate Division. Taking no part: Judge BERGAN.

Judgment affirmed, without costs...

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