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ROSENBERG v. 240 ATL. INC.

6 A.D.2d 706 (1958)

Charles Rosenberg et al., as Executors of Fisher Rosenberg, Deceased, et al., Appellants, v. 240 Atlantic Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 12, 1958

Judgment affirmed, with costs.

A fair question of fact was resolved by the determination.

Nolan, P. J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum:

The payments by appellants to respondents and by respondents to appellants were concededly made pursuant to an agreement between the parties by the terms of which appellants were to loan money to the corporate respondent, the loan to be evidenced...

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