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MESSEMER v. DOUGH MATES, INC.

27 N.Y.2d 970 (1970)

James E. Messemer, Respondent, v. Dough Mates, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided December 10, 1970.

Attorney(s) appearing for the Case

Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato for appellants.

Arthur N. Seiff and B. Leo Schwartz for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BREITEL and GIBSON. Judges BURKE, BERGAN and JASEN dissent and vote to reverse and grant a new trial for the reasons stated in the dissenting opinion at the Appellate Division.

Order affirmed, with costs...

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