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TOLISANO v. TEXON

Court of Appeals of the State of New York.
Dec 14, 1989

Order reversed, with costs, defendant's motion to dismiss the complaint granted and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice George Bundy Smith at the Appellate Division ( 144 A.D.2d 267, 269-273).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.