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RUTLAND HOUSE ASSOC. v. RUTROAD REALTY

28 A.D.2d 152 (1967)

Rutland House Associates, Appellant-Respondent, v. Rutroad Realty Corp. et al., Respondents-Appellants

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

October 19, 1967.

Attorney(s) appearing for the Case

Sidney S. Rubin for appellant-respondent.

Robert A. Fineman of counsel (Joseph S. Hellman with him on the brief; Kronish, Lieb, Shainswit, Weiner & Hellman, attorneys), for respondents-appellants.

STEVENS, J. P., EAGER, STEUER, RABIN and McNALLY, JJ., concur.

Per Curiam.

This is an action to recover on a mortgage note given by defendant Rutroad Realty Corp. (Rutroad) to Rutland House Associates (Rutland) and guaranteed by defendant Adson Industries, Inc. (Adson). The appeal of defendants and cross appeal of plaintiff are from an order entered March 3, 1967, denying defendants' motion to dismiss the complaint and plaintiff's motion for summary judgment.

Rutland was...

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