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  5. 38 N.Y.2d 997 (1976)
 

DOLLAR LAND CORP., LTD. v. F. W. WOOLWORTH CO.

38 N.Y.2d 997 (1976)

Dollar Land Corporation, Ltd., Appellant-Respondent, v. F. W. Woolworth Co., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1976.

Attorney(s) appearing for the Case

Henry A. Panoff for appellant-respondent.

Kenneth W. Greenawalt for respondent-appellant.

(A) Motion by plaintiff-appellant to dismiss appeal by defendant-appellant (1) from so much of the order of the Appellate Division dated October 30, 1975 as strikes out defendant's affirmative defense to the third cause of action, as severed from all other causes of action, granted, without costs, upon the ground that the order in that respect does not finally determine the action within the meaning of the Constitution; and (2) from the order of the Appellate Division dated...

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