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  5. 34 N.Y.2d 923 (1974)
 

WEAVER ORG., INC. v. MANETTE

34 N.Y.2d 923 (1974)

Weaver Organization, Inc. et al., Plaintiffs, v. Alfred A. Manette et al., Appellants-Respondents; P & F Industries, Inc., Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 10, 1974.

Attorney(s) appearing for the Case

William G. O'Donnell and Stuart F. Gartner for appellants-respondents.

Earle K. Moore, Harold L. Fisher and William M. Guttman for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.

MEMORANDUM.

The order of the Appellate Division, First Department, should be modified in accordance with the following memorandum and, as so modified, affirmed.

We agree with the Appellate Division that on this record P & F Industries, Inc. was entitled to rescission and complete restitution. On the cross appeal P & F seeks restitution from the appellants (Alfred...

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