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HARRIS v. IANNACCONE

107 A.D.2d 429 (1985)

Roy Harris, Respondent, v. Dominick Iannaccone et al., Appellants

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

April 4, 1985

Attorney(s) appearing for the Case

Edward V. Walsh, Jr., of counsel (Yvonne R. Cort with him on the brief; Lawrence, Ciovacco & Walsh, P. C., attorneys), for appellants.

Kurt J. Wolff of counsel (Otterbourg, Steindler, Houston & Rosen, P. C., attorneys), for respondent.

ASCH and BLOOM, JJ., concur with KUPFERMAN, J.; MURPHY, P. J., dissents in an opinion.

KUPFERMAN, J.

Plaintiff-respondent Harris brought this action against appellants Iannaccone, Peck and Nelson alleging unlawful discrimination. Harris had been with Advertising Distributors of America (ADA) since 1947. In 1968, he was president; by 1972 he owned 80% of the company. The company entered Chapter XI/bankruptcy in 1974 (11 USC § 101 et seq.) and emerged successfully in 1976. As of 1980...

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