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SOBEL v. BESS

43 N.Y.2d 969 (1978)

Jack Sobel, as the Sole Surviving General Partner of Great River Country Club Associates, Respondent-Appellant, v. John Bess et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided March 21, 1978.

Attorney(s) appearing for the Case

John M. Delehanty, Jack C. Auspitz and Barrington D. Parker, Jr., for appellants-respondents.

Jacob Oliner for respondent-appellant.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Chief Judge BREITEL dissents and votes to affirm on both appeals in a separate opinion in which Judges FUCHSBERG and COOKE concur.

MEMORANDUM.

On the first appeal, the Appellate Division concluded that the settlement agreement reached by the parties was equivocal in its written form and referred the case to Mr. Justice DAVID L. GLICKMAN for clarification (43 A.D.2d 733). Judge GLICKMAN, before whom the original stipulation of settlement had been made, after receiving extensive...

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