SEQUA CORP. v. GELMIN

No. 91 Civ. 8675 (CSH).

828 F.Supp. 203 (1993)

SEQUA CORPORATION and Sequa Capital Corporation, Plaintiffs, v. Jeffrey J. GELMIN, David J. O'Brien, GBJ Corporation, and Topaz Capital Corporation, Defendants.

United States District Court, S.D. New York.

July 19, 1993.


Attorney(s) appearing for the Case

Thomas A. Butler, Butler, Fitzgerald & Potter, New York City, for plaintiff GBJ Corp.

David M. Brodsky, Schulte Roth & Zabel, New York City, for defendants Sequa Corp. and Sequa Capital Corp.

David Brodsky, Schulte Roth & Zabel, Jack H. Weiner, New York City, for defendant BT Securities Corp. New York.

David Golub, Silver Golub & Teitell, Stamford, CT, for third-party defendant David J. O'Brien.

David J. O'Brien, pro se.


MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The history of this commercial litigation appears in this Court's prior opinion reported sub nom. GBJ Corp. v. Sequa Corp., 804 F.Supp. 564 (S.D.N.Y.1992), familiarity with which is assumed.

Following dismissal of GBJ's complaint on the ground that it was not the owner of a "security," and accordingly did not state a claim over which this Court...

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