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BANKERS TRUST v. HENTZ & CO.

82 Misc.2d 873 (1975)

Bankers Trust Co., Plaintiff, v. H. Hentz & Co. et al., Defendants.

Supreme Court, New York County.

July 17, 1975

Attorney(s) appearing for the Case

Charles Leeds for plaintiff. Willkie Farr & Gallagher for Shearson Hayden Stone, Inc., defendant. Baer & Marks for H. Hentz & Co. and others, defendants.

GEORGE STARKE, J.

Motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) and CPLR 3211 (subd [a], par 1) as against Shearson Hayden is disposed of as follows:

The July 25, 1973 purchase agreement between Shearson Hayden and H. Hentz & Company provides for the assumption of liabilities specifically set forth and described therein (¶ 2.2). Admittedly none of the claims asserted...

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