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BARGAINTOWN, D.C., INC. v. BELLEFONTE INS. CO.

54 N.Y.2d 700 (1981)

Bargaintown, D.C., Inc., et al., Appellants, v. Bellefonte Insurance Company et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 6, 1981.

Attorney(s) appearing for the Case

Steven M. Tarshis for appellants.

George W. Clark for respondents.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Chief Judge COOKE dissents in part and votes to reverse on the appeal by Bargaintown, D.C., Inc., in an opinion in which Judge GABRIELLI concurs.

MEMORANDUM.

The appeal taken by J. Mart, Division of Jeweltown, Inc., should be dismissed, without costs. The order of the Appellate Division is construed as one of modification, and J. Mart is not aggrieved thereby.

The appeal taken by Bargaintown, D.C., Inc., should be affirmed, with costs, for the reasons stated in the opinion of Justice LEONARD H. SANDLER at the Appellate Division. The court will not read the...

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