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NESBITT v. NIMMICH

30 N.Y.2d 622 (1972)

Eugene R. Nesbitt, Appellant, v. Fred H. Nimmich, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 16, 1972.

Attorney(s) appearing for the Case

Austin M. Cahill and George W. Kelly for appellant.

Herman J. McCarthy for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse on the dissenting opinion at the Appellate Division.

Order affirmed, without costs, on the opinion at the Appellate Division. Question certified answered in the...

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