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BACHRACH v. 1001 TENANTS CORP.

41 Misc.2d 512 (1963)

Alfred R. Bachrach et al., Plaintiffs, v. 1001 Tenants Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

December 27, 1963

Attorney(s) appearing for the Case

Gordon, Brady, Caffrey & Keller (Leroy C. Curtis of counsel), for plaintiffs. Baker, Nelson, Williams & Mitchell (C. Dickerman Williams of counsel), for 1001 Tenants Corporation and others, defendants. Davis, Polk, Wardwell, Sunderland & Kiendl (S. Hazard Gillespie of counsel), for Albert B. Ashforth, Inc., and another, defendants.

SAMUEL H. HOFSTADTER, J.

This is a case of first impression. In effect, the gravamen of the complaint is that the contract by virtue of which the plaintiffs would become proprietary tenants of apartment 4-S of 1001 Park Avenue was frustrated by the defendants because the plaintiffs are members of the Jewish faith.

Defendants, other than defendants Hirst and Smith, move under rule 3211 (subd. [a], pars...

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