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SCHAEFER v. KNEITZ

23 A.D.2d 858 (1965)

Eric O. Schaefer, Appellant, v. Bernard Kneitz, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 3, 1965

Judgment, insofar as appealed from, affirmed, with costs.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment insofar as appealed from and to grant judgment for the plaintiff on the cause of action for breach of contract, with the following memorandum:

On August 1, 1961 plaintiff and defendant entered into a contract for the sale of a bakery business for $28,500; plaintiff was the seller, defendant was the buyer. Prior...

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