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TOLCHIN v. TRS. OF SAILORS' SNUG HARBOR

281 A.D. 234 (1953)

Philip Tolchin et al., Doing Business as Universal Musical Instrument Co., Respondents, v. Trustees of the Sailors' Snug Harbor in the City of New York et al., Defendants, and Greenwich Associates, Inc., et al., Appellants

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

February 3, 1953.

Attorney(s) appearing for the Case

Theodore M. Wolkof of counsel (Abraham Engelman, attorney), for appellants.

Joseph Rogers for respondents.

DORE, COHN and VAN VOORHIS, JJ., concur in Per Curiam opinion; PECK, P. J., dissents in opinion.

Per Curiam.

The appeal is from an order denying appellants' motion to dismiss the complaint against them for insufficiency under rule 106 of the Rules of Civil Practice.

On such a motion the court must accept the allegations of the complaint as true.

Appellants Greenwich Associates, Inc., and Sheridan Associates, Inc., were organized by defendant Harry Landes, and succeeded to his property interests...

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