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GERSON-OGDEN, INC. v. TEMPO COMMUNICATIONS, INC.

85 A.D.2d 550 (1981)

Gerson-Ogden, Inc., Respondent, v. Tempo Communications, Inc., Appellant Gerson-Ogden, Inc., Respondent, v. Avon Products, Inc., et al., Appellants, et al., Defendant

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

December 15, 1981

Special Term erred in ruling that the proffered defense of collateral estoppel had been rejected in the order and decision denying defendants' prior motions for summary judgment, affirmed by this court (79 A.D.2d 559). It was there held that these defenses were not dispositive as to other material issues of fact in these actions. It may be, however, that collateral estoppel precludes plaintiff

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