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  5. 49 N.Y.2d 381 (1980)
 

HAVAS v. VICTORY PAPER

49 N.Y.2d 381 (1980)

Leslie Havas et al., Appellants, v. Victory Paper Stock Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Morgan Guaranty Trust Co., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1980.

Attorney(s) appearing for the Case

Henry G. Miller and Lawrence T. D'Aloise, Jr., for appellants.

Robert L. Horkitz for defendant and third-party plaintiff-respondent.

Bertram W. Eisenberg for third-party defendant-respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur; Judges JASEN and JONES dissent and vote to affirm in a memorandum; Judge MEYER taking no part.

FUCHSBERG, J.

This is an appeal from an order of the Appellate Division which reversed on the law two judgments, one in favor of the plaintiff, Leslie Havas, against the defendant, Victory Paper Stock Company, and the other in favor of Victory, as third-party plaintiff, against Morgan Guaranty Trust Company, as third-party defendant. Both followed a trial by jury, which...

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