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METROMEDIA, INC. v. MANDEL

21 A.D.2d 219 (1964)

Metromedia, Inc., Respondent, v. H. Robert Mandel et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 19, 1964.

Attorney(s) appearing for the Case

Copal Mintz of counsel (Jesse Friedman with him on the brief; Friedman, Sobell, Moses & Seltzer, attorneys), for appellants.

George A. Katz of counsel (Theodore Gewertz with him on the brief; Seligson & Morris, attorneys), for respondent.

BREITEL, J. P., McNALLY, EAGER and STEUER, JJ., concur.

STEVENS, J.

This is an appeal and cross appeal from an order entered January 17, 1964 which denied defendants' motion to dismiss the complaint for insufficiency and for summary judgment, and which denied plaintiff's cross motion to dismiss defendants' second and fourth affirmative defenses.

Plaintiff alleges that on June 23, 1961 it entered into a contract with Abingdon Realty Fund (herein Abingdon),...

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