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SCHOEN v. MARTIN

187 A.D.2d 253 (1992)

Lawrence C. Schoen, as Court-Appointed Receiver of Flatbush Manor Care Center, Appellant, v. Roy I. Martin, Respondent, et al., Defendants

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

November 5, 1992

Plaintiff is the court-appointed receiver of a nursing home known as Flatbush Manor Care Center. The complaint alleges that the defendant Roy I. Martin represented Flatbush Manor in negotiating leases for land and equipment in 1980, while concealing the fact that he and his law firm were also acting as attorney, finder and broker for the lessors. Martin moved to dismiss the complaint as to him on grounds, as here pertinent, that the complaint did not allege fraud with the...

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