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MICHELMAN v. JEROME S. LANGER ASSOCS., INC.

42 A.D.2d 609 (1973)

Stanley B. Michelman, Respondent, v. Jerome S. Langer Associates, Inc., Appellant-Respondent, and Le Havre Swim & Tennis Club, Inc. et al., Respondents-Appellants

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

June 25, 1973

Order of the Appellate Term affirmed, with $20 costs and disbursements to the Le Havre defendants against defendant Langer.

Martuscello, Acting P. J., and Shapiro, J., concur in the affirmance in favor of plaintiff, but otherwise dissent and vote to modify the order of the Appellate Term, in accordance with the following memorandum:

Plaintiff, a member of the Le Havre Swim and Tennis Club, Inc. (the "club") commenced this action to recover damages for fraud...

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