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DALVIN v. S. O. T. A. P. E. X.

35 N.Y.2d 702 (1974)

Irving A. Dalvin et al., Appellants, v. S. O. T. A. P. E. X., Also Known as Societe Tunisienne Des Articles Populaires-Export, et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Fabian G. Palomino and Edward H. Freiberger for appellants.

Carl C. Banno for respondents.

Concur: Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS. Chief Judge BREITEL and Judge WITMER dissent and vote to reverse and grant a new trial on the ground that an issue of fact is made out by testimony, the credibility of which was for the jury to determine.

Order affirmed, with costs...

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