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DONALD H. CHRISTMAN, Respondent, v. WILLIAM C. STARR, Appellant.

Order reversed, with costs, for the reasons stated in the dissenting opinion at the Appellate Division, and the case remitted to Supreme Court, Albany County, for assessment of defendant's damages under his counterclaims.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

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CHRISTMAN v. STARR
(Dec 27, 1973)