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DUNN v. WPOP, INC.

38 A.D.2d 817 (1972)

Walter B. Dunn, Appellant, v. Wpop, Inc., Respondent

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

February 24, 1972

Defendant-respondent shall recover of plaintiff-appellant $50 costs and disbursements of this appeal. In affirming, we advert to the unusual character of the note at issue, and the difficulty of concluding there does not exist a "fairly arguable" issue worthy of a trial. The almost unique arrangement, requiring notice "from the owners of more than 50%" of the interested parties, indicates the necessity of elucidation as to purpose...

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