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BROWN v. PORITZKY

30 N.Y.2d 289 (1972)

William M. Brown et al., Doing Business as Esbill Realty Co., Respondents, v. Herman I. Poritzky, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1972.

Attorney(s) appearing for the Case

Herbert Dicker, Roy E. Pomerantz and Max Edelman for appellant.

Henry J. Smith, Gerald Nolan and Benjamin B. Hersh for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

BURKE, J.

This appeal presents the novel question of whether a principal is barred from recovery in an action against his special agent when his general agent is concurrently negligent.

Plaintiffs Brown were engaged in the insurance business and also held 10 to 12 properties for investment purposes. In May of 1967, plaintiffs sold their insurance business to...

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