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LUBITZ v. MEHLMAN

187 A.D.2d 97 (1993)

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, Plaintiffs, v. George Mehlman, Individually and as General Partner of Heather Associates, Respondent, et al., Defendants. Morris Fellner et al., Appellants

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

January 12, 1993

Attorney(s) appearing for the Case

Alan J. Firestone of counsel, Brooklyn (Firestone & Harris, attorneys), for respondent.

Kevin L. Smith of counsel, New York City (Stuart M. Riback and Judith Norman with him on the brief; Stroock & Stroock & Lavan, attorneys), for Morris Fellner, appellant.

Herbert Monte Levy, New York City, and Blum, Gersen & Stream, New York City, for Louis Grossman, appellant.

SULLIVAN, J. P., CARRO and ROSENBERGER, JJ., concur.

MILONAS, J.

The underlying action herein, which was brought by some limited partners against the remaining partners of Heather Associates and others, was discontinued pursuant to a stipulation of settlement dated June 18, 1987 and an amendment thereto dated November 13, 1987. However, George Mehlman, a limited partner of Heather and originally a defendant in this matter, has moved to hold in contempt Harry Grossman...

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