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Herbert L. Brickman, Appellant-Respondent v. F. W. Woolworth Company
OPINION OF THE COURT
On defendant’s appeal: Order reversed, with costs, and complaint dismissed for reasons stated in the dissenting memorandum by Presiding Justice Francis T. Murphy, Jr., at the Appellate Division on the earlier appeal (66 AD2d 737-740).
On plaintiff’s appeal: Appeal dismissed, without costs, as academic in view of the disposition made on defendant’s appeal.
Concur: Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Chief Judge Cooke.