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OXFORD COMMERCIAL v. LANDAU

16 A.D.2d 218 (1962)

Oxford Commercial Corporation, Appellant, v. Fred Landau et al., Individually and as Copartners Doing Business as Fred Landau & Co., Respondents

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

April 19, 1962.

Attorney(s) appearing for the Case

Albert Adams of counsel (Ferris, Adams & Creidy, attorneys), for appellant.

Boris Kostelanetz of counsel (Corcoran, Kostelanetz, Gladstone & Lowell, attorneys), for respondent.

RABIN, EAGER and BASTOW, JJ., concur in Per Curiam opinion; BREITEL, J., dissents in opinion in which BOTEIN, P. J., concurs.

Per Curiam.

The complaint in this action has been dismissed upon a holding that the causes of action therein stated have been released by plaintiff. We conclude that triable issues are presented and that the pleading may not be summarily dismissed.

Defendants are accountants. The two principal stockholders of plaintiff, prior to forming the corporation, expressed to defendants a desire to enter the commercial financing business. According to the complaint...

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