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EDELMAN v. FRINDEL

9 Misc.2d 769 (1956)

Samuel Edelman, on His Own Behalf and for the Benefit and on Behalf of 123 Cedar Street Corporation and All Other Stockholders Similarly Situated, Plaintiff, v. Sam Frindel, Jr. et al., as Executors of Elias A. Cohen, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

May 31, 1956.

Attorney(s) appearing for the Case

Jay Leo Rothschild and Harry A. Roth for plaintiff.

Samuel Gottlieb, Alvin T. Sapinsley and Harry Giesow for defendants.

JAMES B. M. McNALLY, J.

This is a motion for an order directing a new trial upon the ground of newly discovered evidence. The original trial was had before Mr. Justice WALTER, who is now serving as an Official Referee. He is disqualified by reason of retirement from passing on this motion.

The case has been passed upon by our Court of Appeals, which affirmed the judgment rendered by Mr. Justice WALTER. The nature of this case and the issues presented...

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