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SILBERSTEIN v. HIRSHLEIFER

278 A.D. 354 (1951)

Lee H. Silberstein, Appellant, v. Marlow G. Hirshleifer et al., Respondents

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

June 12, 1951.

Attorney(s) appearing for the Case

Theodore Charnas of counsel (Hyman Jacobs with him on the brief; Theodore Charnas, attorney), for appellant.

Herman S. Axelrod of counsel (Maitland M. Axelrod with him on the brief; Axelrod & Axelrod, attorneys), for respondents.

PECK, P. J., and HEFFERNAN, J., concur with DORE, J., VAN VOORHIS, J., dissents and votes to affirm, in opinion, in which COHN, J., concurs.

DORE, J.

Plaintiff, purchaser of corporate capital stock of defendant, Lord Calvert Beverages, Inc., in this action for rescission of the contract of purchase and sale because of defendants' alleged fraud in inducing the contract, appeals from an order of Special Term, Bronx County, dated December 18, 1950, granting defendants' motion for summary judgment dismissing the complaint and from the judgment therein...

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