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GOLDENBERG v. BARTELL BROAD.

47 Misc.2d 105 (1965)

Bernard L. Goldenberg, Plaintiff, v. Bartell Broadcasting Corporation et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

June 4, 1965

Attorney(s) appearing for the Case

Burton H. Brody for defendants. Philip R. Leeds and Isidore A. Seltzer for plaintiff.

WILFRED A. WALTEMADE, J.

The defendants, pursuant to the provisions of CPLR 4401, have made a motion at the end of plaintiff's case to dismiss the complaint upon the ground that the plaintiff has failed to make out a prime facie case. In the determination of this motion, the court has applied the principle of law that on motions to dismiss a complaint at the end of a plaintiff's case, the facts adduced by the...

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