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  5. 98 A.D.2d 634 (1983)
 

FED. INS. CO. v. ALAN J. ROSENBERG, INC.

98 A.D.2d 634 (1983)

Federal Insurance Company et al., Appellants, v. Alan J. Rosenberg, Inc., et al., Respondents

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

December 13, 1983

Respondents shall recover of appellants $75 costs and disbursements of this appeal.

Kassal, J., concurs in a memorandum as follows:

I concur in result and agree that factual issues exist which cannot be resolved summarily. While the interpretation of the loan receipt poses a legal issue, under the circumstances, the reference to "net recovery" is susceptible to further proof as to the intention of the parties and the custom and practice in the...

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