BLAIR & CO. v. OTTO, V


13 Misc.2d 311 (1958)

Blair & Co., Incorporated, Plaintiff, v. Carlos Otto, V et al., Defendants.

Supreme Court, Special Term, New York County.

July 14, 1958.


Attorney(s) appearing for the Case

Victor House, Samuel H. Levinkind and Imre Rochlitz for plaintiff.

Alvin A. Kabot, James E. Birdsall and Carl Golden for Carlos Otto, V and others, defendants.

Carl Golden for Stanley Ross, defendant.


HENRY EPSTEIN, J.

All of the individual defendants, by separate motions, move for dismissal of the amended complaint for insufficiency. If any of the four stated causes is sufficient, the motions must be denied.

The first two causes rely upon two original agreements, each dated November 11, 1955, and upon two further agreements, each dated September 8, 1956, and one of which the plaintiff denominated an executory accord and which the Appellate...

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