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56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.

7 N.Y.2d 752 Court N.Y. Decision date 1959-10-23 English

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p. 752
56-70 58th Street Holding Corp., Appellant, v. Fedders-Quigan Corporation, Respondent.
Reargued October 5, 1959;
decided October 23, 1959.

Upon reargument, previous determination of April 17, 1959 ( 5 NY 2d 557 ) adhered to, viz.: Judgment of Appellate Division reversed and that of Trial Term reinstated, with costs

p. 753
in this court and in the Appellate Division. Opinion by Judge Froessel in which Chief Judge Conway and Judge Van Yoorhis concur; Judge Fuld concurs in a separate opinion; Judge Burke dissents in an opinion in which Judges Desmond and Dye concur.

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