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T.I.P. CORP. v. WICKS

63 A.D.2d 263 (1978)

T.I.P. Holding No. 2 Corporation, Appellant, v. Florence A. Wicks, Individually and as Executrix of John A. Wicks, Jr., Deceased, et al., Respondents

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

July 31, 1978

Attorney(s) appearing for the Case

Hartman & Craven (Bertram Perkel, Victor M. Metsch and Gary H. Shapiro of counsel), for appellant.

Gehrig, Ritter, Coffey, McHale & McBride (Patrick J. Shooltz of counsel), for respondents.

MARTUSCELLO, J. P., and MARGETT, J., concur with SHAPIRO, J.; COHALAN, J., dissents and votes to reverse the judgment, grant plaintiff's motion for summary judgment and deny defendants' cross motion for summary judgment, with an opinion.

SHAPIRO, J.

At Special Term, plaintiff-appellant moved for summary judgment and defendants-respondents cross-moved for summary judgment in their favor. Special Term denied plaintiff's motion and granted defendants' cross motion. We affirm.

On July 30, 1976 respondents and appellant's assignor, Omega Shopping Centers Inc. (Omega), entered into an agreement, on the standard New York Board of Underwriters...

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