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COLE v. EPSTEIN

24 N.Y.2d 971 (1969)

Harry S. Cole, Respondent-Appellant, v. Thomas Epstein et al., Appellants-Respondents, and 25 River Road Corp., Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 15, 1969.

Attorney(s) appearing for the Case

Bernard Furman for appellants-respondents.

Samuel Gottlieb and Harry Giesow for respondents-appellants.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Judge KEATING taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, insofar as it modified the judgment of the Supreme Court and the judgment of the Supreme Court reinstated except that the fourth decretal paragraph of subdivision B is modified to provide for the division of all sums remaining in the bank account of Toray Corp. This modification is to reflect the withdrawal by Thomas Epstein, before trial,...

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