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NATOWITZ ON BEHALF OF LEXINGTON/56TH v. MEHLMAN

No. 81 Civ. 7223 (KTD).

567 F.Supp. 942 (1983)

Elsa NATOWITZ, individually and on Behalf of all Limited Partners of LEXINGTON/56TH ASSOCIATES, and 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, Barry Traub, Helmsley-Spear, Inc., 56th/Lexington Associates, and Chemical Bank, Defendants.

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

June 28, 1983.

Attorney(s) appearing for the Case

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.

Dollinger, Gonski & Grossman, Carle Place, N.Y., for defendants Stephen Frank, Matthew Berger, Herbert Glabman, Walter J. Schneider, Paul Green and Chemical Bank; Floyd G. Grossman, Carle Place, N.Y., of counsel.

Morris B. Gerstenhaber, New York City, for defendant Philip Wolitzer.

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

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

The plaintiff in the present action, Elsa Natowitz, a limited partner in Lexington/56th Associates ("Lex/56"), a New York limited partnership, alleges on behalf of herself and all other Lex/56 limited partners that Lex/56's general partners, George Mehlman, Philip Wolitzer, and Milton Kestenberg, and other persons named as defendants defrauded the partnership and rendered it worthless by either directing...

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