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MATTER OF S. KORNBLUM METALS CO. v. INTSEL CORP.

47 A.D.2d 523 (1975)

In the Matter of S. Kornblum Metals Co., Appellant, v. Intsel Corporation, Respondent

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

January 6, 1975

Judgment affirmed, with costs (see Uniform Commercial Code, § 2-201, subd. [2]; CPLR 7501; Trafalgar Sq. v. Reeves Bros., 35 A.D.2d 194, and case therein cited).

Hopkins, Acting P. J., dissents and votes to reverse and to grant a new trial, with the following memorandum:

In this proceeding a trial by jury was held to determine whether (1) the parties had

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