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CURRY v. ROMAN

217 A.D.2d 314 (1995)

635 N.Y.S.2d 391

Wilson H. Curry, Individually and Doing Business as Williston Auctions, et al., Respondents-Appellants, v. Herbert Roman, Individually and Doing Business as Herbert Roman Galleries, et al., Appellants-Respondents Joseph V. Parlato et al., Respondents-Appellants, v. Herbert Roman, Individually and Doing Business as Herbert Roman Galleries, et al., Appellants-Respondents. (Appeal No. 1.)

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

November 15, 1995

Attorney(s) appearing for the Case

Saperston & Day, P. C., Buffalo (Brian J. Weidner and Robert J. Maranto of counsel), for Herbert Roman and another, appellants-respondents.

Bouvier, O'Connor, Buffalo (John F. Canale of counsel), for Leo Heaps, appellant-respondent.

Gross, Shuman, Brizdle & Gillfillan, P. C., Buffalo (Howard B. Cohen of counsel), for Joseph V. Parlato and another, respondents-appellants.

Marcus, Knoer & Crawford, Buffalo (Robert E. Knoer of counsel), for Wilson H. Curry and another, respondents-appellants.

PINE, J. P., FALLON, CALLAHAN and DAVIS, JJ., concur.

DOERR, J.

These related but not consolidated defamation actions arose out of events that occurred on December 14, 1991, at an auction held to liquidate the art collection of Empire of America (Empire), an insolvent bank. Plaintiffs Joseph V. Parlato and Ardmore, Inc. (collectively Parlato) were retained by the Resolution Trust Corp. to liquidate Empire's remaining works of art. Parlato then hired plaintiffs...

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