DZURENKO v. JORDACHE, INC.


59 N.Y.2d 788 (1983)

Frank Dzurenko, Appellant, v. Jordache, Inc., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 2, 1983.


Attorney(s) appearing for the Case

Mark S. Gallagher for appellant.

Robert A. Spiegelman and Steven M. Gerber for Jordache Enterprises, Inc., respondent.

Murray L. Skala and Toby M. Schaffer for H.P.&E., Inc., respondent.

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


MEMORANDUM.

The order of the Appellate Division should be modified by reversing so much thereof as affirmed dismissal of the first, third and fourth causes of action and reinstating those causes of action and, as so modified, should be affirmed, with costs to plaintiff. The question certified is answered in the negative.

As we recently held in Shields v Gross (58 N.Y.2d 338

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