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  5. 45 N.Y.2d 889 (1978)
 

BADEN v. STAPLES

45 N.Y.2d 889 (1978)

Robert Baden et al., Respondents, v. Scott Staples et al., Appellants.

Court of Appeals of the State of New York.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Thomas R. Newman, Mark L. Rosen and Susan A. Shafer for appellants.

Herman Schmertz and Jerome I. Katz for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge FUCHSBERG concurs in a separate opinion in which Judge COOKE concurs.

Per Curiam.

The issue is whether Seider v Roth (17 N.Y.2d 111) should be overruled. The issue is not new for the court; it has been raised with frequency in the 12 years since the Seider case was first decided (see Donawitz v Danek, 42 N.Y.2d 138; Neuman v Dunham, 39 N.Y.2d 999;

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