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ROSENFELD v. ROSENBLUM

176 A.D.2d 645 (1991)

Ervin Rosenfeld, Respondent, v. Mark Rosenblum et al., Defendants, and Jan Sussman, Appellant

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

October 24, 1991

The gravamen of plaintiff's complaint is that he was fraudulently induced by defendants to make an initial loan to the PCPS corporation and then consent to a merger between that corporation and the CTC corporation and accept a new promissory note and subordinated lien on the assets of the resulting merged corporate entity.

We affirm the striking of defendant's fifth affirmative defense, asserting the failure to state a cause...

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