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GOLDMAN v. BUS. FACTORS CORP.

15 N.Y.2d 983 (1965)

Morton R. Goldman, Respondent-Appellant, v. Business Factors Corporation, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided April 15, 1965.

Attorney(s) appearing for the Case

Milton Mound and Henry A. Greenburg for appellant-respondent.

Arthur M. Michaelson, Stanley L. Sklar and Arthur H. Miller for respondent-appellant.

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

Order affirmed, without costs. Rejecting the contention made by plaintiff as cross-appellant we hold that the judgment below would not be res judicata against defendant in a separate suit to recover for alleged fraud and that the Appellate Division, therefore, acted within its powers in giving defendant permission to bring an independent action based on said...

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