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TREPUK v. FRANK

56 N.Y.2d 779 (1982)

Meryl F. Trepuk et al., Appellants, v. Norman D. Frank, Individually and as Executor of Joseph Steinhardt, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 1982.

Attorney(s) appearing for the Case

Edward P. Ryan for appellants.

Armand J. Rosenberg for respondent.

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

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and defendant's motion for summary judgment denied for the reasons stated in the dissenting memorandum of Justice HAROLD BIRNS at the Appellate Division (86 A.D.2d 578...

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