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SWERSKY v. DREYER & TRAUB

219 A.D.2d 321 (1996)

643 N.Y.S.2d 33

David M. Swersky et al., Appellants-Respondents, v. Dreyer and Traub et al., Respondents-Appellants

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

April 30, 1996

Attorney(s) appearing for the Case

Stephen M. Charme of counsel (Alan S. Liebman and Gregg H. Kanter on the brief; Holtzmann, Wise & Shepard, attorneys), for appellants-respondents.

Anthony P. Colavita of counsel (Noah Nunberg, Barbara J. Romaine and Peter E. Zinman on the brief; Dreyer & Traub, L. L. P., and L'Abbate, Balkan, Colavita & Contini, L. L. P., attorneys), for Dreyer and Traub, respondent-appellant.

Douglas H. Flaum of counsel (Allen Kezsbom and Rachel S. Fleishman on the brief; Fried, Frank, Harris, Shriver & Jacobson, attorneys), for Howard Morse, respondent-appellant.

RUBIN and KUPFERMAN, JJ., dissent and would affirm for the reasons stated by CAHN, J.

ROSENBERGER, J. P.

This action concerns plaintiffs' purchase on March 9, 1987 of 460,000 shares of the unregistered common stock of QMAX Technology Group, Inc. (QMAX) for $1,150,000. Defendant Howard Morse is the attorney who helped negotiate the sale on behalf of QMAX, and Dreyer and Traub is the law firm of which he is a partner. The appeal arises from defendants' motion to dismiss the complaint under CPLR...

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