KAMINSKY v. KAHN


13 A.D.2d 143 (1961)

Abraham J. Kaminsky, Respondent, v. Albert M. Kahn, Appellant

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

April 18, 1961.


Attorney(s) appearing for the Case

Samuel Shapiro for appellant.

Samuel Robert Weltz of counsel (Milton B. Franklin with him on the brief), for respondent.

BOTEIN, P. J., BREITEL and EAGER, JJ., concur with RABIN, J.; STEUER, J., dissents and votes to reverse, in opinion.


RABIN, J.

The defendant-appellant appeals from an order denying his motion to dismiss the complaint pursuant to subdivision 4 of rule 106 and subdivision 4 of rule 107 of the Rules of Civil Practice.

The plaintiff, owner of the controlling block of stock in Spear & Company, finding himself in financial difficulty, attempted to extricate himself therefrom by entering into the agreement which is the...

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