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SIDNEY J. SALZMAN et al., Doing Business as RIVER DEVELOPMENT COMPANY, Plaintiffs, v. HOLIDAY INNS, INC., Defendant and Third-Party Appellant-Respondent. INSTLCORP, INC., Third-Party Respondent-Appellant.

Order modified, without costs, and the order of Supreme Court, Monroe County, reinstated on the dissenting opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division ( 48 A.D.2d 258, 263-265) and, as so modified, affirmed. Question certified answered in the negative.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

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SALZMAN v. HOLIDAY INNS
(Nov 16, 1976)