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KATZ v. FRIENDLY FROST INC.

33 Misc.2d 220 (1962)

Aaron Katz et al., Copartners Doing Business as Manhattan Store Fixtures Co., et al., Plaintiffs, v. Friendly Frost Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

March 23, 1962

Attorney(s) appearing for the Case

Murray Schwartz for plaintiffs. Joseph Giordano for Friendly Frost, Inc., and others, defendants.

LOUIS B. HELLER, J.

In an action based upon an alleged "negligent misrepresentation" certain of the defendants, for convenience hereinafter referred to as "Friendly Frost", move to dismiss the complaint for insufficiency (Rules Civ. Prac., rule 106, subd. 4). Also affected by this motion are two other causes of action, one seeking exemplary damages and the other for money had and received.

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