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VERMUT v. R & M LIQUORS, INC.

50 N.Y.2d 828 (1980)

Daniel M. Vermut, Appellant, v. R & M Liquors, Inc., et al., Defendants, and Irving Schlusselberg, Respondent.

Court of Appeals of the State of New York.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Mark E. Spund and Sondra I. Harris for appellant.

Richard C. Agins for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that plaintiff has failed to show facts sufficient to require a trial of any issue of fact. He has tendered no evidentiary proof in admissible form adequate for that purpose and demonstrated no acceptable excuse for his failure to do so. To the extent that...

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