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Smith v. Stewart

Court: New York Court of Appeals
Date filed: 1975-11-25
Citations: 38 N.Y.2d 747
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1 Citing Case
Lead Opinion

Order affirmed, with costs to abide the event, on the memorandum at the Appellate Division (45 AD2d 853). Question certified answered in the affirmative.

Concur: Chief Judge Breitel and Judges Gabrielli, Wachtler, and Cooke. Judge Fuchsberg dissents and votes to reverse in the following opinion in which Judges Jasen and Jones concur.