Civil Procedure · MBE-tested
Wilson H. Curry, Individually and Doing Business as Williston Auctions, et al., Respondents, v. Herbert Roman, Individually and Doing Business as Herbert Roman Galleries, et al., Defendants, and Leo Heaps, Appellant
217 A.D.2d 321·New York Supreme Court, Appellate Division·1995·NY
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Opinion
Wilson H. Curry, Individually and Doing Business as Williston Auctions, et al., Respondents, v Herbert Roman, Individually and Doing Business as Herbert Roman Galleries, et al., Defendants, and Leo Heaps, Appellant.
(Appeal No. 3.)
[MAJORITY]
Order unanimously affirmed, without costs. Same opinion by Doerr, J., as in Curry v Roman ([appeal No. 1] 217 AD2d 314 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Vacate Condition.) Present—Pine, J. P., Fallon, Callahan and Davis, JJ.