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HELLINGER v. ABELES

283 A.D. 726 (1954)

George Hellinger, Respondent, v. Milton Abeles et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 8, 1954.

Order affirmed, with $10 costs and disbursements.

Adel, Acting P. J., dissents and votes to reverse the order, to grant defendants' motion for summary judgment, and to deny plaintiff's cross motion to dismiss the affirmative defense pleaded in the answer, with the following memorandum:

The language in the "as is" paragraph of the contract is clear and unambiguous. Plaintiff was represented by an attorney at the time of the making of the contract...

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