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  5. 19 N.Y.2d 273 (1967)
 

HIMOFF IND. CORP. v. SRYBNIK

19 N.Y.2d 273 (1967)

Himoff Industries Corp., Appellant-Respondent, v. Simon Srybnik, Doing Business as S & S Machinery Company, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Jacob Rapoport, Joseph J. Bryer and Martin Mushkin for appellant-respondent.

Seymour Stone and Edward Cherney for respondent-appellant.

Chief Judge FULD and Judges VAN VOORHIS and BURKE concur with Judge KEATING; Judges SCILEPPI and BERGAN dissent and vote to affirm upon the memorandum at the Appellate Division; Judge BREITEL taking no part.

KEATING, J.

Himoff Industries Corp. sues for an accounting for profits and for the return of moneys invested in a joint venture relating to the purchase and subsequent resale of machinery and equipment of the Cramp Shipyard in Philadelphia.

Dudley Himoff, the managing agent of the plaintiff, and the defendant, Simon Srybnik, doing business as S & S Machinery Company, have both engaged in the business...

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