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SOLOMON v. RUSSO

20 N.Y.2d 688 (1967)

Edward Solomon, Respondent, v. Albert Russo, Appellant, et al., Defendants. John Keene, Respondent, v. Gary Meyer et al., Defendants, and Albert Russo, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1967.

Attorney(s) appearing for the Case

Asher Marcus for appellant.

William F. Hanrahan, William Beasley, Jr., and Louis M. Alesi for respondents.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI and BREITEL concur in memorandum; Judges BERGAN and KEATING dissent and vote to affirm.

MEMORANDUM.

The order of the Appellate Division, affirming a judgment entered on a jury verdict in favor of plaintiffs-respondents Solomon and Keene against defendant-appellant Russo, should be reversed with costs and the complaints dismissed. As the facts are not in issue, only a question of law is presented (Matter of Martin v. Plaut, 293 N.Y. 617, 618; Matter of Christiansen v. Hill Reproduction Co., 262...

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