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HUTNER v. GREENE

No. 550, Docket 83-7751.

734 F.2d 896 (1984)

Herbert L. HUTNER, Plaintiff-Appellant, v. David J. GREENE, David J. Greene and Company, Jerome L. Greene, and Alan I. Greene, as Executor of the Estate of David J. Greene, Deceased, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 8, 1984.

Attorney(s) appearing for the Case

Jerome Kowalski, New York City (Jeffrey P. Meyer, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, New York City, on the brief), for plaintiff-appellant Herbert L. Hutner.

Gilbert S. Edelson, New York City (Nadia C. Adler, Christopher S. Petito, Rosenman Colin Freund Lewis & Cohen, New York City, on the brief), for defendants-appellees David J. Greene and Co. and Alan I. Greene, as executor of the estate of David J. Greene, deceased.

Jerome L. Greene, defendant-appellee pro se.

Before NEWMAN and WINTER, Circuit Judges, and MacMAHON, District Judge.

WINTER, Circuit Judge:

Plaintiff Herbert L. Hutner appeals from Judge Carter's grant of summary judgment for the defendants and dismissal of his complaint on the ground that the contract he seeks to enforce lacks a material term under New York law.

We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

BACKGROUND

Since the district court granted defendants...

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