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SCHULTZ v. GERSHMAN

1633, 117195/07

68 A.D.3d 426 (2009)

2009 NY Slip Op 8951

891 N.Y.S.2d 323

DOUGLAS SCHULTZ et al., Appellants, v. LAURENCE GERSHMAN et al., Respondents, et al., Defendant.

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

Decided December 3, 2009.

The court should not have considered the Bloomberg Finance L.P. report demonstrating the trading history of the subject stock, since it was improperly raised for the first time in Gershman's reply (see McNair v Lee, 24 A.D.3d 159 [2005]). In any event, the report does not conclusively establish a defense to plaintiffs' allegations (see Leon v Martinez, 84 N.Y.2d...

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