Alan N. Alpern, Appellant-Cross-Appellee v. Lawrence N. Hurwitz, Appellee-Cross-Appellant

VAN GRAAFEILAND, Circuit Judge:

Plaintiff and defendant cross-appeal from a judgment of the United States District Court for the Southern District of New York which followed a non-jury trial before Judge Whitman Knapp. Plaintiff appeals from Judge Knapp’s dismissal of plaintiff’s first and third causes of action. Defendant appeals from a $21,600 award to plaintiff on his second cause of action. We vacate that portion of the judgment which dismissed plaintiff’s first cause of action and remand that cause of action for further consideration by the district court. We affirm the remainder of the…