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Lester W. Smith v. Jack R. Stewart, as Trustees of the Pension Fund, Local 445 of the International Brotherhood of Teamsters
Opinions in this case
- Majority
- Dissent — Fuchsberg
Order affirmed, with costs to abide the event, on the memorandum at the Appellate Division (45 AD2d 853). Question certified answered in the affirmative.
Concur: Chief Judge Breitel and Judges Gabrielli, Wachtler, and Cooke. Judge Fuchsberg dissents and votes to reverse in the following opinion in which Judges Jasen and Jones concur.