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MISSAN v. SCHOENFELD

95 A.D.2d 198 (1983)

Richard S. Missan, Respondent, v. Gerald Schoenfeld et al., Appellants

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

July 28, 1983

Attorney(s) appearing for the Case

Alvin M. Stein of counsel (Menachem J. Kastner with him on the brief; Parker Chapin Flattau & Klimpl, attorneys), for appellants.

Harold S. Elovich for respondent.

KUPFERMAN, J. P., SANDLER, LYNCH and ALEXANDER, JJ., concur.

FEIN, J.

Defendants Gerald Schoenfeld, Bernard B. Jacobs and Marie M. Sawicki appeal from (1) an order, Supreme Court, New York County (ANDREW TYLER, J.), entered September 30, 1980, which converted their motion to dismiss the amended complaint pursuant to CPLR 3211 (subd [a], par 7) to one for summary judgment pursuant to CPLR 3211 (subd [c]); (2) that part of a resettled order and interlocutory judgment of...

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