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WILLNER v. CUTLER

69 N.Y.2d 698 (1986)

Sofia Willner et al., Doing Business as Apartments Plus, et al., Appellants, v. Joanna Cutler, Respondent. (Action No. 1.) Joanna Cutler, Respondent, v. Leonard Kaye et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided December 19, 1986.

Attorney(s) appearing for the Case

Robert M. Trien for appellants.

Robert P. Stein for Joanna Cutler, respondent.

David Breitbart and Maurice Sieradzki for Leonard Kaye, respondent.

Adam B. Gilbert for Sasson Jeans, Inc., respondent.

Concur: Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Chief Judge WACHTLER.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, respondent Cutler's cross motion for summary judgment denied for reasons stated in the dissenting memorandum of Justice Arnold L. Fein at the Appellate Division (120 A.D.2d 468, 470), and case remitted to the Appellate Division, First Department, for consideration of issues not...

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