ALPERN v. HURWITZ

Nos. 498, 593, Dockets 80-7722, 80-7732.

644 F.2d 943 (1981)

Alan N. ALPERN, Appellant-Cross-Appellee, v. Lawrence N. HURWITZ, Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 19, 1981.


Attorney(s) appearing for the Case

Jeffrey A. Fillman, New York City (Finley, Kumble, Wagner, Heine & Underberg, New York City, of counsel), for appellant-cross-appellee.

Sidney Meyers, New York City, for appellee-cross-appellant.

Before LUMBARD, MULLIGAN and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

Plaintiff and defendant cross-appeal from a judgment of the United States District Court for the Southern District of New York which followed a non-jury trial before Judge Whitman Knapp. Plaintiff appeals from Judge Knapp's dismissal of plaintiff's first and third causes of action. Defendant appeals from a $21,600 award to plaintiff on his second cause of action. We vacate that portion of the judgment which dismissed plaintiff's first...

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