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VAN DIEPEN v. KIDDER, PEABODY & CO.

244 A.D.2d 151 (1997)

665 N.Y.S.2d 267

William A. Van Diepen, Doing Business as Van Diepen and Co., et al., Respondents, v. Kidder, Peabody & Co. Incorporated, Appellant, et al., Defendant

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

November 6, 1997

In this action seeking damages alleging breach of contract, quantum meruit and fraud with respect to compensation pursuant to two letter agreements concerning plaintiff's role in certain financing transactions, there existed a jury question as to the scope of and extent to which each party was required to act pursuant to each agreement.

The court properly charged the jury with respect to plaintiff's burden of proof (

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