NORTHRIDGE COOP. v. 32ND AVE. CONSTR. CORP.


286 A.D. 422 (1955)

Northridge Cooperative Section No. 1, Inc., Respondent, v. 32nd Avenue Construction Corp. et al., Appellants, et al., Defendants

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

June 28, 1955.


Attorney(s) appearing for the Case

Paul W. Williams of counsel (David Morgulas and Irwin Schneiderman with him on the brief; Cahill, Gordon, Reindel & Ohl; M. Carl Levine and Morgulas & Foreman, attorneys), for appellants.

Bernard Buchwald of counsel (Bernard Nadel, Maxwell H. Tretter, Edmund B. Hennefeld and Irving Margolies with him on the brief; Hoffman, Buchwald & Hoffman and Maxwell H. Tretter, attorneys), for respondent.

PECK, P. J., and RABIN, J., concur with CALLAHAN, J.; COHN, J., dissents and votes to affirm, in opinion.


CALLAHAN, J.

This is an appeal involving the sufficiency of a complaint. The pleading may be summarized as follows:

In December, 1950, the defendants-appellants Winston and Muss promoted a project to construct a co-operative apartment house in the borough of Queens, city of New York. They caused plaintiff to be incorporated as a co-operative corporation under the laws of New York and arranged for a mortgage...

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