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MATTER PHILIP A. BUSMAN & SONS v. SAMUEL FELDMAN (05/13/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


May 13, 1968

IN THE MATTER OF PHILIP A. BUSMAN & SONS, INC. PHILIP A. BUSMAN & SONS, INC., ET AL., APPELLANTS; LESLIE GIBLIN, RESPONDENT; LOUIS GREISS, INTERVENOR-RESPONDENT; AND HARRY WEINBERG, THIRD-PARTY-RESPONDENT. IN THE MATTER OF GERTRUDE CEMBALEST, RESPONDENT,
v.
SAMUEL FELDMAN, RESPONDENT, AND JOSEPH BUSMAN ET AL., THIRD-PARTY APPELLANTS

On the court's own motion, the decision rendered May 6, 1968 (30 A.D.2d 641) is amended to read as follows: Appeal from a judgment of the Supreme Court, Westchester County, entered December 8, 1965, except, as limited by appellants' briefs, so much of the judgment as dismissed the petition of Leslie T. Giblin in part.

Beldock, P. J., Christ, Hopkins, Benjamin and Munder, JJ., concur.

No opinion. (Though nominally a respondent, Weinberg's brief on appeal joined with appellants in requesting a reversal of the judgment. Hence he, like appellants, was an unsuccessful party on this appeal and he consequently should bear with appellants the burden of costs.)

Disposition

Judgment affirmed insofar as appealed from, with one bill of costs jointly to respondents Greiss and Cembalest against appellants and respondent Weinberg.

19680513

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