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FRANK v. RUBIN

59 Misc.2d 796 (1969)

Doris L. Frank, Plaintiff, and Dorothy K. Davis, Intervenor-Plaintiff, v. Dola Rubin et al., Defendants.

Supreme Court, Trial Term, New York County.

January 30, 1969

Attorney(s) appearing for the Case

Rubin, Wachtel, Baum & Levin (Howard Shapiro of counsel), for plaintiff. White & Case (Charles N. Brower of counsel), for intervenor-plaintiff. Fleishaker & Shulman (Morris Fierson of counsel), for Dola Rubin and another, defendants. Emil & Kobrin (Martin A. Stoll of counsel), for Pease & Elliman, Inc., defendant. Davis Polk & Wardwell for Albert B. Ashforth, Inc., defendant.

JAMES J. LEFE, J.

The intervening plaintiff, Dorothy K. Davis, and the defendants, Rubin and Fleishaker, move for judgment in their favor against the plaintiff, Doris Lane Frank, at the end of the plaintiff's case.

The plaintiff, Doris Lane Frank, brought this action for specific performance of an oral agreement for the purchase of a co-operative apartment owned by the defendant Rubin. Rubin had also entered into a written contract with the intervening...

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