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RUTH v. S. Z. B. CORP.

36 Misc.2d 422 (1962)

Jacob Ruth et al., Plaintiffs, v. S. Z. B. Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

September 10, 1962

Attorney(s) appearing for the Case

Milton Pollack for S. Z. B. Corporation, defendant. Richard Secular for Opa Corporation and others, defendants. Goldstein, Judd & Gurfein (Murray I. Gurfein, Morris A. Wirth, Milton M. Rulnick and Edward Brodsky of counsel), for plaintiffs.

FREDERICK BACKER, J.

The defendant S. Z. B. Corporation has moved for summary judgment dismissing the plaintiffs' complaint. The plaintiffs have, without formal cross motion, requested summary judgment be granted in their favor. After extended argument before the court, buttressed by able, comprehensive briefs by the litigants, they are both in agreement that there is no triable issue of fact but that the conflict...

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