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NATOWITZ v. MEHLMAN

No. 81 Civ. 7223 (KTD).

542 F.Supp. 674 (1982)

Elsa NATOWITZ, individually and on behalf of all Limited Partners of Lexington/56th Associates, a New York Limited Partnership by Elsa Natowitz, a Limited Partner, Plaintiffs, v. George MEHLMAN, Philip Wolitzer and Milton Kestenberg, all individually and as General Partners of Lexington/56th Associates, Mehlman Management Corp., Midlex Associates, Stephen Frank, Matthew Berger, Herbert Glabman, The Mastan Company Incorporated, Walter J. Schneider, Paul Green, Green & Ettinger, Barry Traub, Helmsley-Spear, Inc. 56th/Lexington Associates, and Chemical Bank, Defendants.

United States District Court, S. D. New York.

June 22, 1982.

Attorney(s) appearing for the Case

Solin & Breindel, P. C., New York City, for plaintiffs; Howard Breindel, New York City, of counsel.

Shea & Gould, New York City, for defendants Paul Green, Green & Ettinger; Robert J. Ward, New York City, of counsel.

Cooperman & Levitt, P. C., New York City, for defendants Stephen Frank and Matthew Berger; Jack B. Levitt, New York City, of counsel.

Willkie, Farr & Gallagher, New York City, for defendants Helmsley-Spear, Inc. and 56th/Lexington Associates; Howard C. Buschman, III, Jack A. Pawa, New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

This action arises out of the assignments of a mortgage owned by the partnership Lexington/56th Associates ("Lex/56") to various defendants. The plaintiff Elsa Natowitz, a limited partner in Lex/56, alleges that general partners and others defrauded the partnership and rendered the partnership worthless. The defendants are George Mehlman, Philip Wolitzer, Milton Kestenberg, who are general partners...

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