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WHITLEY v. KLAUBER

69 A.D.2d 99 (1979)

Harry T. Whitley, Appellant, v. John L. Klauber et al., Respondents

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

July 10, 1979

Attorney(s) appearing for the Case

Richard A. Spellman of counsel (Irving Payson Zinbarg with him on the briefs; Charles A. Scharf, P. C., attorney), for appellant.

Neal M. Goldman of counsel (Stanley Plesent with him on the brief; Squadron, Ellenoff, Plesent & Lehrer, attorneys), for respondents.

KUPFERMAN, LANE and LYNCH, JJ., concur with FEIN, J.; MURPHY, P. J., concurs in an opinion.

FEIN, J.

Plaintiff appeals from a judgment entered on an order which denied plaintiff's motion for summary judgment against defendants Daniel T. Alagna, Fania Friedman and Phemie Goldman and granted cross motion by defendants Theodore Lazar, James A. Brunn, Louise Lewis and Lawrence and Morris Fialkow for summary judgment dismissing the complaint. The judgment dismissed the complaint as against 59 defendants...

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