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  5. 64 N.Y.2d 859 (1985)
 

MORELL v. PEEKSKILL RANCH, INC.

64 N.Y.2d 859 (1985)

Diana Morell et al., Appellants, v. Peekskill Ranch, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1985.

Attorney(s) appearing for the Case

Martin S. Rothman for appellants.

Nathan Cyperstein and Steve S. Efron for respondent.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and a new trial granted for reasons stated in the dissenting memorandum by Justice Isaac Rubin at the Appellate Division (104 A.D.2d 492

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