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GIORDANO v. McMURTRY

53 N.Y.2d 962 (1981)

John C. Giordano, Jr., et al., as Executors of Robert J. Schmertz, Deceased, Appellants, v. James G. McMurtry et al., Defendants, and Peter W. Carmel, Respondent.

Court of Appeals of the State of New York.

Decided June 2, 1981.

Attorney(s) appearing for the Case

Judith A. Livingston and Daniel Kramer for appellants.

Anthony M. Sola and Richard A. Young for respondent.

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

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (79 A.D.2d 548

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