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MILLARD v. NEWMARK & CO.

24 A.D.2d 333 (1966)

Benjamin M. Millard et al., Individually and as Limited Partners on Behalf of Themselves and all Other Persons Similarly Situated, Respondents, v. Newmark & Company, a Partnership Composed of Aaron Gural and Others, Appellants

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

January 13, 1966.

Attorney(s) appearing for the Case

Milton Pollack of counsel (Samuel N. Greenspoon and Francis E. Koch with him on the brief), for appellants.

Sheldon H. Elsen of counsel (Jerome T. Orans and Gerald E. Paley with him on the brief; Orans & Elsen, attorneys), for respondents.

BREITEL, J. P., and VALENTE, J., concur with STEVENS, J.; RABIN, J., dissents in part, in opinion in which EAGER, J., concurs.

STEVENS, J.

Defendants appeal from an order entered July 8, 1965, insofar as such order denied defendants' motion to dismiss the complaint and each cause of action therein, and to strike certain allegations thereof, and further denying defendants' motion for reargument.

Plaintiffs are 32 limited partners, or approximately 30% of a total of about 100 such partners, of Terrace Associates, Ltd. (hereinafter...

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