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SIGNATURE REALTY, INC. v. TALLMAN

2 N.Y.3d 810 (2004)

814 N.E.2d 429

781 N.Y.S.2d 259

SIGNATURE REALTY, INC., Appellant, v. TIM TALLMAN, Doing Business as TALLMAN'S TIRE AND AUTO SERVICE, Respondent.

Court of Appeals of the State of New York.

Decided June 3, 2004.

Attorney(s) appearing for the Case

Law Office of Richard L. Wolfe, Utica (Richard L. Wolfe of counsel), for appellant.

Kowalczyk, Tolles & Deery, LLP, Utica (Robert K. Hilton, III, of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

As we recently stated in R/S Assoc. v New York Job Dev. Auth. (98 N.Y.2d 29, 32 [2002]), "when parties set down their agreement in...

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