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TEPPER v. TANNENBAUM

65 A.D.2d 359 (1978)

Nat Tepper, Appellant, v. Samuel Tannenbaum et al., Respondents

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

December 28, 1978

Attorney(s) appearing for the Case

Lawrence K. Feitell of counsel (Barry Smith with him on the brief), for appellant.

David A. Beale of counsel (Friend, Perles, Dorfman & Kleefeld, attorneys), for respondents.

MARKEWICH and SANDLER, JJ., concur with MURPHY, P. J.; LUPIANO and SULLIVAN, JJ., dissent in an opinion by LUPIANO, J.

MURPHY, P. J.

The facts underlying this action have been thoroughly set forth in the opinion of the trial court (87 Misc.2d 829) and they will not be repeated in this opinion. No dispute is presented on appeal as to Daniel's right to read into evidence Sam's examination before trial (Foro v Doetsch, 39 A.D.2d 150, affd ...

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