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WOODMERE ACAD. v. STEINBERG

41 N.Y.2d 746 (1977)

Woodmere Academy, Respondent, v. Saul P. Steinberg, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1977.

Attorney(s) appearing for the Case

David L. Foster and Frederick L. McKnight, New York City, for appellant.

Samuel Gottlieb, Milton Shalleck and Nathan Silverman, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, and COOKE concur; Judge WACHTLER taking no part.

FUCHSBERG, J.

Woodmere Academy, a nonprofit educational institution, brought this action to recover the balance due under a charitable pledge agreement. The defendant, Saul P. Steinberg, counterclaimed for the return of moneys he had paid on account. The parties are now here on defendant's appeal from an order of the Appellate Division, First Department, which, reversing an order of Special Term, granted summary...

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