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BELL TEL. v. CAL-NEW YORKER

26 Misc.2d 622 (1960)

Bell Television, Inc., et al., Plaintiffs, v. Cal-New Yorker, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

September 15, 1960

Attorney(s) appearing for the Case

Krisel, Lessall & Dowling and Schwartz & Schwartz for plaintiffs. Leo Otis for Cal-New Yorker, Inc., and another, defendants. Sidney Roffman for New Yorker Towers, Ltd., defendant.

SAUL S. STREIT, J.

Although the amended complaint refers to the contract of March 25, 1958 and states that the contract is "incorporated herein by such reference", a copy of the contract is not annexed to the pleading. The alleged copy submitted by plaintiffs must be disregarded on the present motion, since it is not physically part of the amended complaint served upon defendant. The amended complaint alleges (par. SEVENTEENTH) that the moving defendant...

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