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SHUBIN v. SURCHIN

27 A.D.2d 452 (1967)

Meyer Shubin, Respondent, v. Hyman Surchin et al., Appellants

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

May 23, 1967.

Attorney(s) appearing for the Case

Meyer Shubin, respondent in person.

Jacob Lippman of counsel (Bressler & Meislin, attorneys), for appellants.

EAGER, J. P., CAPOZZOLI and McGIVERN, JJ., concur with BASTOW, J.; McNALLY, J., dissents in opinion.

BASTOW, J.

The basic issues presented on this appeal are whether or not the complaint should be dismissed for failure to state one or more causes of action and whether or not the defendants' motion for summary judgment should have been granted in whole or in part. We conclude that the complaint should be sustained and defendants' motion denied.

Prior to 1959 plaintiff and defendant, Hyman Surchin, as...

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