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WEISNER v. 791 PARK AVE. CORP.

7 A.D.2d 75 (1958)

Sidney Weisner, Appellant, v. 791 Park Avenue Corporation et al., Respondents

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

December 16, 1958.

Attorney(s) appearing for the Case

Copal Mintz for appellant.

Stephen S. Bernstein of counsel (Alvin J. Burnett and James H. Powell with him on the brief; McLaughlin & Stern, attorneys), for 791 Park Avenue Corp., respondent.

Walter E. Warner of counsel (Chambers, Clare & Gibson, attorneys), for Adrienne M. Gilbert, respondent.

BOTEIN, P. J., and STEVENS, J., concur with BASTOW, J.; M. M. FRANK, J., dissents in opinion, in which McNALLY, J., concurs.

BASTOW, J.

Plaintiff has been denied a temporary injunction in this action and appeals from that decision. The corporate defendant is the owner of an apartment house building at 791 Park Avenue. It was incorporated in 1947 for the purpose of acquiring title to the premises and pursuant to a plan of organization shares of stock were allocated to the several apartments in the building. Simultaneously with the purchase...

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