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  5. 76 N.Y.2d 914 (1990)
 

WHALEN v. GERZOF

76 N.Y.2d 914 (1990)

Alice Whalen, Appellant, v. Julius Gerzof et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 16, 1990.

Attorney(s) appearing for the Case

David F. Kunz and Brian J. McCann for appellant.

William J. Dreyer and Daniel J. Stewart for Julius Gerzof, respondent.

Andrew A. Wittenstein and Barry H. Dyller for Jerome Z. Lorber and another, respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be modified by denying defendant Gerzof's motion for summary judgment and, as so modified, affirmed; costs should be awarded to plaintiff Whalen against defendant Gerzof on the modification and to the other defendants against plaintiff Whalen on the affirmance.

The Appellate Division memorandum recites the salient facts and correctly resolves this commercial dispute...

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