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VIDEO CORP. OF AM. v. FREDERICK FLATTO ASSOCS., INC.

58 N.Y.2d 1026 (1983)

Video Corporation of America, Formerly Known as Teletronics International, Inc., Appellant-Respondent, v. Frederick Flatto Associates, Inc., Respondent-Appellant and Third-Party Plaintiff. American Guarantee and Liability Insurance Company, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 23, 1983.

Attorney(s) appearing for the Case

Andrew C. Jacobson for appellant-respondent.

Andrew R. Simmonds and Robert E. Meshel for respondent-appellant.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be modified to deny the motion to dismiss the complaint and to reinstate the complaint in its entirety and, as so modified, should be affirmed, with costs to plaintiff.

Justice SANDLER'S analysis (85 A.D.2d 448, 457) of our holding in Sears, Roebuck & Co. v Enco Assoc. (43 N.Y.2d 389<...

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