DACHOWITZ v. BERGMAN


113 Misc.2d 236 (1982)

Samuel Dachowitz et al., Plaintiffs, v. Bernard Bergman et al., Defendants.

Supreme Court, Special Term, New York County.

February 26, 1982


Attorney(s) appearing for the Case

Spengler Carlson Gubar Brodsky & Rosenthal for defendants. Ira H. Newman for plaintiffs.


BEATRICE SHAINSWIT, J.

Motions numbered 9 and 195 of the calendar of November 4, 1981 are consolidated for purposes of disposition.

The issue before the court is whether a group of defendants, who have operated and controlled three nursing homes, can extinguish the claims of two other active participants who also invested in the homes, on the ground primarily that the two investors were not identified in required public filings as partners.

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