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SALZMAN v. HOLIDAY INNS, INC.

40 N.Y.2d 919 (1976)

Sidney J. Salzman et al., Doing Business as River Development Company, Plaintiffs, v. Holiday Inns, Inc., Defendant and Third-Party Appellant-Respondent. Instlcorp, Inc., Third-Party Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Michael T. Tomaino and Ronald L. Brown for appellant-respondent.

E. Garrett Cleary and Thorold J. Deyrup for respondent-appellant.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order modified, without costs, and the order of Supreme Court, Monroe County, reinstated on the dissenting opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division (48 A.D.2d 258, 263-265) and, as so modified, affirmed. Question certified answered in...

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