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MILICH v. SCHENLEY INDUS., INC.

42 N.Y.2d 952 (1977)

Lester J. Milich, Appellant, v. Schenley Industries, Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1977.

Attorney(s) appearing for the Case

Joseph J. Einhorn for appellant.

Patricia D'Alvia for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Chief Judge BREITEL and Judge COOKE dissent and vote to reverse in a separate memorandum.

MEMORANDUM.

The order is affirmed on the memorandum at the Appellate Division. In addition, we note that the issue of bad faith on the part of the defendant, whatever its merits might have been in the abstract, was neither pleaded nor proved (cf. Gillmore v Procter & Gamble Co., 417 F.2d 615; Endres v Buffalo Auto. Assn., 25 Misc.2d 756<...

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