KAHN v. SOHMER


12 A.D.2d 982 (1961)

David Kahn et al., Copartners Doing Business as The Tides, Respondents, v. Jacob Sohmer et al., Individually and as Copartners Doing Business as Sohmer Factors Company, Appellants. (Action No. 1.) Jacob Sohmer et al., Appellants, v. The Tides of Long Beach, Inc., et al., Respondents, et al., Defendants. (Action No. 2.)

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

February 27, 1961


Judgment reversed on the law and the facts, with costs, complaint in Action No. 1 dismissed; actions severed; and Action No. 2 remitted to Special Term for the making of an appropriate judgment granting to the Sohmers the relief therein sought, except that no deficiency judgment may be had or entered against respondents Kahn and Schatz.

The formal findings of fact are approved; the formal conclusions of law, insofar as they are inconsistent herewith, are disapproved...

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