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BARISH v. CARMEL

33 Misc.2d 78 (1962)

Margaret Barish, Plaintiff, v. David B. Carmel et al., Defendants.

Supreme Court, Special Term, New York County.

January 22, 1962

Attorney(s) appearing for the Case

Geist, Netter & Marks (George E. Netter and Milton Waxenfeld of counsel), for plaintiff. Phillips, Nizer, Benjamin, Krim & Ballon (Bernard Axler of counsel), for David B. Carmel and another, defendants.

SAMUEL H. HOFSTADTER, J.

Defendants Carmel and Smartcraft Corporation move pursuant to section 96 of the Civil Practice Act for an order severing the first cause of action alleged against the individual defendants from the second cause of action alleged against the corporate defendant. The first cause is based on a series of transactions with the individual defendants accompanied by false and fraudulent representations by which those defendants acquired...

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