SASS v. NEW YORKER TOWERS


23 A.D.2d 105 (1965)

David W. Sass, Appellant, v. New Yorker Towers, Ltd., Respondent

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

April 29, 1965.


Attorney(s) appearing for the Case

Leonard M. Lake of counsel (Richard E. Burns with him on the brief; Dannenberg, Hazen & Lake, attorneys), for appellant.

Sidney Roffman for respondent.

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


STEVENS, J.

Plaintiff appeals from an order entered September 21, 1964, denying his motion for summary judgment. The cross motion of the defendant for summary judgment was denied also.

Plaintiff-appellant is the owner and holder of two of defendant's 12% debentures of $5,000 each face value, dated April 1, 1960. The debentures are part of an outstanding bond issue of $500,000 subscribed by the stockholders...

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