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GOULD v. LAUFBAHN

30 N.Y.2d 785 (1972)

Sidney Gould, Respondent, v. Lester Laufbahn et al., Appellants.

Court of Appeals of the State of New York.

Decided May 5, 1972.

Attorney(s) appearing for the Case

Norman Solovay and Patrick A. Lyons for appellants.

Solomon Granett and Michael Halperin for respondent.

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

Order affirmed, with costs; no opinion.

Judges SCILEPPI, JASEN and GIBSON dissent and vote to reverse in the following memorandum: Contrary to the conclusions reached in the courts below, we find essentially factual the defendants' averments as to an inventory deficiency, and those as to the disparate and inconsistent operating statements for the two six-month periods in 1969, coupled with evidence of the accountant's inculpatory explanation and with defendants' assertions...

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