Northridge Cooperative Section No. 1, Inc., Respondent,
v.
32nd Avenue Construction Corp. et al., Appellants, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 22, 1960.
March 22, 1960.
Attorney(s) appearing for the Case
Paul W. Williams of counsel (David Morgulas and Donald F. X. Finn with him on the brief; Cahill, Gordon, Reindel & Ohl and M. Carl Levine, Morgulas & Foreman, attorneys), for appellants.
Bernard Buchwald of counsel (Bernard Nadel, Maxwell H. Tretter and Edmund B. Hennefeld with him on the brief; Hoffman, Buchwald, Nadel, Cohen & Hoffman, and Maxwell H. Tretter, attorneys), for respondent.
M. M. FRANK and VALENTE, JJ., concur with BOTEIN, P. J.; RABIN, J., dissents in opinion in which McNALLY, J., concurs.
Appellate Division of the Supreme Court of the State of New York, First Department.
BOTEIN, P. J.
On a prior appeal, Northridge Cooperative Section No. 1 v. 32nd Ave. Constr. Corp. (2 N.Y.2d 514, affg. 286 App. Div. 422), certain paragraphs of the complaint were stricken, and leave to replead was granted as to the balance. Although the transactions complained of in the amended complaint appear to differ substantially from the allegations stricken in...
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