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FOGEL v. NELSON

33 A.D.2d 540 (1969)

Fannie Fogel et al., Respondents-Appellants, v. Donald Nelson, Appellant-Respondent, and Joseph Brown et al., Respondents

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

October 14, 1969

Order of this court, entered July 8, 1969 [32 A.D.2d 904], recalled and vacated. Order, entered in this action on October 8, 1968, insofar as it sets aside jury verdict in favor of defendant Nelson and directs a new trial, unanimously reversed, on the law, with $50 costs and disbursements, verdict reinstated, and judgment directed for said defendant, and said order, insofar as it sets aside verdict in

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