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Erwin Pearl, Inc. v. Burroughs Corp.

62 N.Y.2d 1031 Court N.Y. Decision date 1984-07-02 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

Contents

Majority

p. 1031
Erwin Pearl, Inc., Appellant, v Burroughs Corporation, Respondent, et al., Defendant.
Decided July 2, 1984
p. 1032

Headnote

APPEARANCES OF COUNSEL
Milton Garwitz and Daniel Markewich for appellant.
Joseph P. Zammit for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 98 AD2d 619 ). We would add only that plaintiff’s affidavit on its motion to reargue failed to establish the merit of its case (see Canter v Mulnick, 60 NY2d 689 ).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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