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STEMPEL v. ROSEN

143 A.D.2d 409 (1988)

Albert B. Stempel, Respondent, v. Norman Rosen, Also Known as Norman Ross, Appellant

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

September 19, 1988

Ordered that the branch of the motion which is for reargument is granted, and upon reargument, the original determination is adhered to; the motion is denied in all other respects.

Pursuant to this court's factual review power on an appeal from a judgment entered after a nonjury trial (see, Majauskas v Majauskas, 61 N.Y.2d 481, 493-494), we found that the parties entered into an oral agreement in February 1979 wherein...

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