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COHAN v. MILANO

55 N.Y.2d 926 (1982)

Eva M. Cohan et al., Appellants, v. Ralph Milano et al., Defendants, and Anthony Aurrichio, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Richard T. Farrell for appellants.

Nathan Cyperstein and Alvin P. Bluthman for respondent.

Concur: Judges JASEN, GABRIELLI, WACHTLER and MEYER. Chief Judge COOKE dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs. Taking no part: Judge JONES.

Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division insofar as it was there concluded that there was no duty owed to plaintiffs by defendant-respondent, nor any breach of an asserted duty (79 A.D.2d 579).

Chief Judge COOKE (dissenting).

I cannot join the majority in adopting the conclusion of the Appellate Division that the defendant...

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