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Komar v. Dun & Bradstreet Co.

284 A.D. 804 Court N.Y. App. Div. Decision date 1954-07-22 English

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p. 804
(July 22, 1954.)
(Republished.)
Anthony Komar, Respondent, v. Dun & Bradstreet Co., Inc., et al., Appellants, et al., Defendant. Dun & Bradstreet Co., Inc., et al., Third-Party Plaintiffs-Appellants, v. A. Greene Co., Inc., Third-Party Defendant-Respondent.

‘Judgment modified by reversing that part thereof which grants judgment in favor of plaintiff against defendants, with costs, and the complaint dismissed,

p. 805
with costs and, as so modified, affirmed. Present — Dore, J. P., Callahan, Breitel, Bastow and Botein, JJ. Opinion by Callahan, J. Breitel and Bastow, JJ., dissent and vote to reverse and order a new trial unless plaintiff stipulates to reduce the verdict to $60,000 in which event the judgment, as so modified, is affirmed; dissenting opinion by Bastow, J. Order filed.

[Also printed ante, p. 538.— Rep.]