LUBITZ v. MEHLMAN


95 A.D.2d 690 (1983)

Lewis Lubitz et al., Individually and as Limited Partners of Heather Associates, on Behalf of Themselves and All Others Similarly Situated and in The Right of Heather Associates, Respondents, v. George Mehlman, Individually and as General Partner of Heather Associates, et al., Appellants, et al., Defendants. Harry Grossman, as Temporary Receiver, Respondent

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

June 16, 1983


In 1971, Heather, a limited partnership, acquired five leasehold interests in real property located in Queens County from the Fischer Group of corporations. Approximately four years after the closing, in December, 1975, Heather sold the leaseholds for $25,900,000, of which $900,000 was in cash at the closing and the remainder in the form of a note secured by a wraparound mortgage. After the closing, it appeared that defendant Mehlman, one of the three limited partners of...

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