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HELLER v. GERRY

40 A.D.2d 236 (1972)

Hyman Heller et al., Appellants, v. Alan Gerry et al., Respondents

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

December 28, 1972.

Attorney(s) appearing for the Case

Rosen & Rosen (George H. Rosen of counsel), for appellants.

Levine & Levine (Lazarus I. Levine of counsel), for Alan Gerry and others, respondents.

Abraham Streifer for Arthur Friend, respondent.

HERLIHY, P. J., GREENBLOTT and REYNOLDS, JJ., concur.

SIMONS, J.

This is an appeal from a judgment of the Supreme Court in favor of the defendants, entered in Sullivan County, upon a dismissal of the complaint by the court at a Trial Term at the close of plaintiffs' case.

Appellant Hyman Heller sold a diner and the equipment in it to Triangle Diner, Inc. in 1962 and took back a mortgage on the real and personal property for $250,000. The defendants are officers...

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