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KORBER v. LEHMAN

41 Misc.2d 568 (1963)

Michael Korber, Plaintiff, v. Robert Lehman et al., Individually and as Copartners Doing Business under the Name of Lehman Brothers, et al., Defendants.

Supreme Court, Special Term, New York County.

December 10, 1963

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (Stephen P. Duggan, Jr., Rolon W. Reed and Edwin L. Weisl, Jr., of counsel), for defendants. Abraham D. Levy and Michael R. Russakow for plaintiff.

VINCENT A. LUPIANO, J.

Defendants move pursuant to rule 3211 (subd. [a], par. 7) of the Civil Practice Law and Rules for dismissal of the second cause of action for insufficiency. The first cause is based on common-law fraud. In the second cause it is alleged and charged that the acts, subject of the first cause, constitute a violation of subdivision 2 of section 12 of the Securities Act of 1933 (U. S. Code...

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