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KALMAN v. NEUMAN

80 A.D.2d 116 (1981)

Loretta Kalman et al., Respondents, v. Henry A. Neuman et al., Appellants

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

April 13, 1981

Attorney(s) appearing for the Case

McCarthy, Marshall & Director (Gerald Director and Herbert Minster of counsel), for appellants.

Nathaniel M. Swergold for respondents.

MANGANO, GIBBONS and GULOTTA, JJ., concur.

LAZER, J. P.

This appeal is another in the continuous series deriving from the Supreme Court decision in Rush v Savchuk (444 U.S. 320), which overthrew Seider v Roth (17 N.Y.2d 111) with consequences as yet not fully fathomed. Felicitously, the instant circumstances permit us the discretion of arriving at a just result without...

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