FREMER v. WOODCREST CLUB, INC.


117 A.D.2d 646 (1986)

Samuel Fremer et al., Respondents, v. Woodcrest Club, Inc., Appellant

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

February 10, 1986


Order reversed, insofar as appealed from, motion denied, and that branch of defendant's cross motion which sought dismissal of the complaint insofar as it is asserted by those plaintiffs who have not appeared for pretrial discovery, i.e., all plaintiffs except Arthur S. Friedman and Carson Rosenfeld, granted, and the complaint of those plaintiffs dismissed.

The pleadings and affidavits presented to Special Term raise questions of fact which must be determined at trial...

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