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AXELROD & CO. v. TELSEY

77 Misc.2d 1035 (1973)

Axelrod & Co., Plaintiff, v. Benson Telsey, Defendant; Irwin Axelrod et al., Additional Defendants On Counterclaims, and Stephen Telsey, Additional Defendant On Plaintiff's Counterclaim.

Supreme Court, Individual Calendar Part, New York County.

November 5, 1973

Attorney(s) appearing for the Case

Kuh, Goldman, Cooperman & Levitt for Axelrod & Co., plaintiff, and for Morris Rothstein and another, additional defendants on counterclaims. Poletti, Freidin, Prashker, Feldman & Gartner for Benson Telsey, defendant. Shea, Gould, Climenko & Kramer for Irwin Axelrod, additional defendant on counterclaims. Moss, Wels & Marcus for Ronald Rothstein, additional defendant on counterclaims. Vincent Coleman, additional defendant on counterclaims, in person. Royall, Koegel & Wells for Stephen Telsey, additional defendant on plaintiff's counterclaim.

MARTIN B. STECHER, J.

The plaintiff, a stockbrokerage house in liquidation, brings this action alleging that the defendant, in violation of a subordinated loan agreement, withdrew from the plaintiff the sums which he had lent to it. Plaintiff seeks to recapture those funds. The defendant has asserted against the plaintiff and 5 of its 10 general partners (the "additional defendants", none of whom had previously...

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