FELDMAN v. BRODSKY


12 A.D.2d 347 (1961)

Anna Feldman, as Executrix of Max Feldman, Deceased, Appellant, v. Irving Brodsky, Respondent

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

February 16, 1961.


Attorney(s) appearing for the Case

Fred I. Sonnenfeld of counsel (David Fisher with him on the brief; David Fisher, attorney), for appellant.

Monroe Goldwater of counsel (Bernard Katz with him on the brief; Goldwater & Flynn, attorneys), for respondent.

BOTEIN, P. J., and VALENTE, J., concur with BERGAN, J.; STEVENS and EAGER, JJ., dissent in opinion.


BERGAN, J.

In this action for breach of warranty and misrepresentation and for specific performance of a contract for the purchase and sale of corporate stock, a temporary injunction was entered against defendant restraining disposition of the stock during the pendency of the action on condition that $180,000, the balance which would be due to defendant under the contract, be deposited in escrow with a bank....

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