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MATTER OF ARBITRATION BETWEEN GOTHAM HOTEL REALTY CO. & ROSS

51 Misc.2d 85 (1966)

In the Matter of the Arbitration between Gotham Hotel Realty Company, Petitioner, and Marvin J. Ross, Individually and Allegedly on Behalf of the Other Senior Limited Partners of Gotham Hotel Realty Company, et al., Respondents.

Supreme Court, Special Term, New York County.

May 23, 1966

Attorney(s) appearing for the Case

Goldwater & Flynn (Leon Liner of counsel), for petitioner. Gruber & Gruber (Irving M. Gruber and Leonora S. Gruber of counsel), for Marvin J. Ross, respondent.

ABRAHAM N. GELLER, J.

This is a motion to strike the answer in a declaratory judgment proceeding brought by a limited partnership on the ground that respondent Ross, a limited partner, has answered in a representative capacity purportedly contrary to the law as recently laid down in Millard v. Newmark & Co. (24 A.D.2d 333), and for vacatur of the order dated July...

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