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BELCHER v. KESTEN

30 N.Y.2d 744 (1972)

Theodore Belcher, Individually and as Administrator of The Estate of Barbara Belcher, Deceased, Appellant, v. Joyce Kesten et al., Defendants, and Metropolitan Tobacco Company, Inc. et al., Respondents. (And Four Other Actions.)

Court of Appeals of the State of New York.

Decided April 27, 1972.

Attorney(s) appearing for the Case

Herbert L. Fine for appellant.

Roger P. McTiernan for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order insofar as it dismisses the complaint reversed and a new trial granted, with costs to abide the event, on the ground that questions of fact were presented...

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