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YAGER PONTIAC v. DANKER & SONS

41 A.D.2d 366 (1973)

Yager Pontiac, Inc., Respondent, v. Fred A. Danker and Sons, Inc., et al., Appellants, et al., Defendants

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

May 3, 1973.

Attorney(s) appearing for the Case

Francis H. Trombly and Edward J. Trombly for appellants.

De Graff, Foy, Conway & Holt-Harris (Carroll J. Mealey of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and KANE, JJ., concur.

SWEENEY, J.

This is an appeal from a judgment of the Supreme Court in favor of plaintiff, entered March 30, 1972 in Albany County, upon a decision of the court at a Trial Term, without a jury. An order granting summary judgment to defendants and dismissing the complaint was reversed on a previous appeal (28 A.D.2d 61).

This appeal presents the issue of whether the trial...

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