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CYPRESS HILLS CEMETERY v. WERNER & ACKER CYPRESS HILLS FLORISTS, INC.

34 A.D.2d 659 (1970)

Cypress Hills Cemetery, Respondent, v. Werner & Acker Cypress Hills Florists, Inc., Appellant

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

April 13, 1970

Order affirmed, with $10 costs and disbursements.

No opinion.

Martuscello, J., dissents and votes to reverse the order and to deny the motion, with the following memorandum:

In my opinion, it was error to grant plaintiff's motion to strike out defendant's affirmative defense of res judicata. The essence of this defense as it relates to the instant action is predicated upon an extensive hearing before an arbitrator, the proceedings...

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