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BENDERSON v. WIPER CHECK, INC.

96 N.Y.2d 855 (2001)

754 N.E.2d 1112

730 N.Y.S.2d 29

RONALD BENDERSON et al., as Trustees Under a Trust Agreement Dated October 14, 1985, Known as the BENDERSON 85-1 TRUST, Respondents, v. WIPER CHECK, INC., Appellant.

Court of Appeals of the State of New York.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Forton & Forton, Buffalo (Gerard F. Forton of counsel), for appellant.

Borins, Halpern & Paskowitz, Amherst (Harold M. Halpern of counsel), for respondents.

Concur: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (266 A.D.2d 903

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