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CICCONI v. McGINN SMITH & CO.

27 A.D.3d 59 (2005)

808 N.Y.S.2d 604

KETHE CICCONI, Appellant, v. McGINN, SMITH & CO., INC., et al., Respondents.

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

December 22, 2005.

Attorney(s) appearing for the Case

Wechsler & Cohen, LLP, New York City (David B. Wechsler and Marc O. Sheridan of counsel), for appellant.

Gersten Savage LLP, New York City (Marc R. Rosen of counsel), for respondents.

BUCKLEY, P.J., and MARLOW, J. concur with SAXE, J.; ELLERIN and WILLIAMS, JJ., dissent in a separate opinion by ELLERIN, J.

OPINION OF THE COURT

SAXE, J.

On this appeal, plaintiff asks this Court to overrule, or significantly limit, our prior decision in Herzfeld & Stern v Beck (175 A.D.2d 689 [1991], lv dismissed 79 N.Y.2d 914 [1992], 82 N.Y.2d 789 [1993], 89 N.Y.2d 1064

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