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  5. 23 N.Y.2d 275 (1968)
 

407 E. 61ST GARAGE v. SAVOY CORP.

23 N.Y.2d 275 (1968)

407 East 61st Garage, Inc., Appellant, v. Savoy Fifth Avenue Corporation, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Joseph Feldman, Irwin H. Rosenberg and David M. Goldberg for appellant.

Marshall C. Berger, Edward C. Wallace and Nathan Cooper for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur.

BREITEL, J.

Plaintiff 407 East 61st Garage, Inc., appeals from an order of the Appellate Division unanimously affirming, without opinion, an order of the Supreme Court, New York County. The Supreme Court, in an opinion, denied plaintiff's motion for an order striking defendant's answer, granting summary judgment, and directing an assessment of damages, and instead granted the cross motion of defendant Savoy Fifth...

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