HOBART v. SCHULER


55 N.Y.2d 1023 (1982)

Richard B. Hobart et al., Appellants, v. David Schuler, Respondent.

Court of Appeals of the State of New York.

Decided February 25, 1982.


Attorney(s) appearing for the Case

John F. Maxwell and Robert S. Bernard for appellants.

Respondent precluded.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiffs commenced this action to recover the balance due on a note given by defendant in connection with his purchase of plaintiffs' shares in a corporation. Defendant's answer asserted an affirmative defense and a counterclaim based on the alleged fraud of plaintiffs in inducing...

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