BELL TEL. v. CAL-NEW YORKER


25 Misc.2d 640 (1960)

Bell Television, Inc., et al., Plaintiffs, v. Cal-New Yorker, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 19, 1960.


Attorney(s) appearing for the Case

Sidney Roffman and Samuel B. Herbst for New Yorker Towers, Ltd., and others, defendants. Kaplan & Kilsheimer for Cal-New Yorker, Inc., and another, defendants. Krisel, Lessall & Dowling and Schwartz & Schwartz (Charles L. Kramer and Robert P. Schwartz of counsel), for plaintiffs.


WILLIAM C. HECHT, JR., J.

The defendants New Yorker Towers, Ltd., Cole, Gross, Selcow, Harvey J. Schwartz, Joseph J. Schwartz and Hoffman move for dismissal of the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, and for further relief, striking out 24 paragraphs of the complaint, as well as the prayer for relief, upon the ground that the allegations contained in those paragraphs are at variance with and contradict the written...

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