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Meyerowitz v. Modern Metal Store Front Co.

21 N.Y.2d 923 Court N.Y. Decision date 1968-04-04 English

Contents

Majority

p. 923
Leonard Meyerowitz, Appellant, v. Modern Metal Store Front Co., Inc., et al., Respondents, et al., Defendant.
Argued February 22, 1968;
decided April 4, 1968.
p. 924
J. Stanley Shaw and Irving L. Weinberger for appellant.
E. Richard Rimmels, Jr., and James A. Doherty for Modern Metal Store Front Co., Inc., respondent.
Jeannette H. Harris for Plymouth Decorators, respondent.
John J. Lynch and Patrick F. Adams for Samuel Zeluck, respondent.

Order affirmed, with costs; no opinion.

p. 925
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Breitel and Jasen. Judge Bergan dissents and votes to reverse and grant a new trial on the ground that a prima facie case was established against all defendants; Judge Keating dissents and votes to reverse and grant a new trial as to defendant Zeluck only on the ground that a prima facie case was made out as to this defendant.