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WIEN v. HELMSLEY-SPEAR

12 A.D.3d 65 (2004)

783 N.Y.S.2d 339

WIEN & MALKIN LLP et al., Appellants, v. HELMSLEY-SPEAR, INC., Respondent.

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

October 14, 2004.

Attorney(s) appearing for the Case

Dewey Pegno & Kramarsky LLP, New York City (Thomas E.L. Dewey and Elaine Block of counsel), and Thelen Reid & Priest LLP, New York City, for appellants.

Dickstein Shapiro Morin & Oshinsky LLP, New York City (Howard Graff, Deborah A. Skakel, Judith R. Cohen and Alexander D. Widell of counsel), for respondent.

ELLERIN, J.P., MARLOW and GONZALEZ, JJ., concur.

OPINION OF THE COURT

WILLIAMS, J.

This matter comes before us as a result of the United States Supreme Court's October 6, 2003 vacatur of the order of this Court and remand for reconsideration (300 A.D.2d 32 [2002], lv denied 99 N.Y.2d 511 [2003], judgment vacated ___ US ___, 124 S.Ct. 222 [2003]) in light of its June 2, 2003 determination in Citizens Bank v Alafabco, Inc. (

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