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GONKJUR ASSOC. v. ABRAMS

82 A.D.2d 683 (1981)

In the Matter of Gonkjur Associates, Respondent, v. Robert Abrams, as Attorney-General of The State of New York, Appellant

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

October 6, 1981

Attorney(s) appearing for the Case

Gerald J. Hurwitz of counsel (Erica Forman with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Steven R. Lapidus of counsel (Stanford M. Singer with him on the brief; Abrams Lerner Kisseloff & Kissin, attorneys), for respondent.

SANDLER, J. P., SULLIVAN, ROSS and CARRO, JJ., concur.

BLOOM, J.

This appeal confronts us with the question of the authority of the Attorney-General under the Martin Act (General Business Law, art 23-A [the Act]) in respect to a plan of cooperative ownership submitted to him for filing. Collateral to this issue is the effect of a judgment directing the filing of the offering plan upon an independent proceeding brought by the Attorney-General under section 354 of...

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