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NORTHRIDGE COOP. v. 32ND AVE. CORP.

2 N.Y.2d 514 (1957)

Northridge Cooperative Section No. 1, Inc., Appellant, v. 32nd Avenue Construction Corp. et al., Respondents, et al., Defendants. Knolls Cooperative Section No. 1, Inc., Respondent, v. John L. Hennessy et al., Individually and as Copartners Doing Business as Knolls Construction Company, et al., Appellants. John L. Hennessy et al., Individually and as Copartners Doing Business as Knolls Construction Company, Third-Party Plaintiffs, V. Samuel Saltzman et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Bernard Buchwald, Maxwell H. Tretter, Bernard Nadel, Edmund B. Hennefeld and Irving Margolies for appellant in first above-entitled action.

Eugene J. Morris, A. Carleton Dukess and Eugene R. Sanders for Edgebrook Cooperative, Inc., and others, amici curiæ, in support of appellant's position in first above-entitled action.

Mathias F. Correa, M. Carl Levine, David Morgulas, Irwin Schneiderman and David R. Hyde for respondents in first above-entitled action.

Ambrose Doskow and Gerald D. Roth for John L. Hennessy and others, appellants in second above-entitled action. Ambrose Doskow, Max J. Rubin and Gerald D. Roth for Abraham Dreier, appellant in second above-entitled action.

Ambrose Doskow and Gerald D. Roth for John L. Hennessy and others, appellants in second above-entitled action.

Ambrose Doskow, Max J. Rubin and Gerald D. Roth for Abraham Dreier, appellant in second above-entitled action.

Milton Altman, Irving Jacobson and George P. Zeidenstein for respondent in second above-entitled action.

CONWAY, CH. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur.

VAN VOORHIS, J.

Both of these actions arise out of the promotion of co-operative apartment houses, "Northridge" on Northern Boulevard, Jackson Heights, Queens, and "Knolls" at Riverdale in The Bronx. Although the complaints are not identical, in each instance the action is brought by the co-operative corporation after its control had been acquired by tenant-owners, against officers and directors who were in office...

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