ALTMAN v. PHILLIPS


73 A.D.2d 954 (1980)

Allan Altman et al., for Themselves and on Behalf of All Others Similarly Situated, Appellants, v. Howard L. Phillips et al., Defendants, and I. Jules Rosen, Respondent

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

January 28, 1980


Order affirmed, with $50 costs and disbursements.

On oral argument the parties agreed that the motion of defendant Rosen was to be treated as one for summary judgment. The movant's papers made out a prima facie case for the grant of the motion and plaintiffs' opposing papers were insufficient to show that there was a bona fide...

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