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HAMMOND, KENNEDY v. SERVINAT.

48 A.D.2d 394 (1975)

Hammond, Kennedy & Co., Inc., Respondent-Appellant, v. Servinational, Inc., Appellant-Respondent

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

June 24, 1975

Attorney(s) appearing for the Case

Alan J. Hartnick of counsel (Colton Weissberg Hartnick & Yamin, attorneys), for appellant-respondent.

Richard J. Concannon, Thomas J. Martin and Leonard M. Kessler of counsel (Kelley Drye & Warren, attorneys), for respondent-appellant.

LUPIANO, CAPOZZOLI and NUNEZ, JJ., concur with STEVENS, P. J.; MURPHY, J., dissents in part in an opinion.

STEVENS, P. J.

Defendant, Servinational, Inc., appeals from an order entered June 25, 1974, in the Supreme Court, New York County (CALLAHAN, J.) which denied its motion to dismiss the complaint and plaintiff cross-appeals from so much of that order as denied its motion for summary judgment.

By letter agreement dated November 2, 1972, and approved by the president of Outdoor Supply Company (the predecessor...

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