Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 79 A.D.2d 548).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
N.Y.
(Jun 2, 1981)
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53 N.Y.2d 962
Case Information
JOHN C. GIORDANO, JR., et al., as Executors of ROBERT J. SCHMERTZ, Deceased, Appellants, v. JAMES G. McMURTRY et al., Defendants, and PETER W. CARMEL, Respondent.
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