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YORK AGENTS v. BETHLEHEM STEEL CORP.

36 A.D.2d 62 (1971)

York Agents, Inc., Respondent, v. Bethlehem Steel Corporation, Appellant

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

February 18, 1971.

Attorney(s) appearing for the Case

John R. Hupper of counsel (John Linsenmeyer and David W. Cohen with him on the brief; Cravath, Swaine & Moore, attorneys), for appellant.

Arthur M. Becker of counsel (Thomas B. Bracken and Robert H. Huey with him on the brief; Mudge Rose Guthrie & Alexander, attorneys), for respondent.

McGIVERN, J. P., and MARKEWICH, J., concur with NUNEZ, J.; STEUER, J., dissents in opinion.

NUNEZ, J.

The defendant appeals from an order entered in New York County (LEVEY, J.) on July 2, 1970, granting summary judgment to the plaintiff on the issue of liability only and denying defendant's cross motion for the same relief.

The pertinent facts in this litigation are sufficiently stated in the dissenting opinion and need not be repeated herein. We agree with Justice STEUER that referral to a private...

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