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NAT. TELEFILM ASSOC. v. LANDAU

36 Misc.2d 604 (1962)

National Telefilm Associates, Inc., Plaintiff, v. Ely A. Landau el al., Defendants.

Supreme Court, Special Term, New York County.

July 9, 1962

Attorney(s) appearing for the Case

Weinstein & Levinson (Frank Weinstein, Irving Steinman and Samuel Weinstein of counsel), for B. Gerald Cantor and others, defendants. Aranow, Brodsky, Bohlinger, Einhorn & Dann (Herbert A. Einhorn, Robert J. Ward and David A. Drexler of counsel), for plaintiff.

FRANCIS X. CONLON, J.

This is a motion to dismiss the first three causes of action as insufficient and also as barred by the Statute of Limitations.

The first cause of action alleges that the moving defendants Cantor and Kleiner knew "or should have known" that the payments complained of were improper because NTA had made no profits during the fiscal years ending July 31, 1957 and July 31, 1958. The payments are alleged to have been made during...

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