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Altman v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1980
73 A.D.2d 954 (N.Y. App. Div. 1980)

Opinion

January 28, 1980


In an action, inter alia, to recover damages for fraud, plaintiffs appeal from an order of the Supreme Court, Suffolk County, entered August 18, 1978, which granted the motion of defendant Rosen for judgment dismissing the complaint as against him. Order affirmed, with $50 costs and disbursements. On oral argument the parties agreed that the motion of defendant Rosen was to be treated as one for summary judgment. The movant's papers made out a prima facie case for the grant of the motion and plaintiffs' opposing papers were insufficient to show that there was a bona fide issue of fact. Titone, J.P., Mangano, Gibbons and Rabin, JJ., concur.


Summaries of

Altman v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1980
73 A.D.2d 954 (N.Y. App. Div. 1980)
Case details for

Altman v. Phillips

Case Details

Full title:ALLAN ALTMAN et al., for Themselves and on Behalf of All Others Similarly…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 28, 1980

Citations

73 A.D.2d 954 (N.Y. App. Div. 1980)