At a Specia1 Term, Part I, of the
Supreme Court of the State of New
York, held in and for the County
of New York, at the Courthouse
thereof, 60 Centre Street, New
York, New York, on the 6th day
of April, 1984.
Present: HON. MICHAEL DONTZIN,
Justice.
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KENNETH B. NEWMAN, CELIA ALTMAN, PHILIP BELLET,
ESTHER LERKE, SIDNEY BERKE, EDWARD BIRDT, SONDRA Index No.
BIRDT, MURRAY BLUESTONE, MICHAEL BRILL, ROSE BRILL, 16949/83
MELROSE COREN, ALEXANDER DEMARAS, BARBARA DEMARAS,
TRUSTEE U/W/O ANNA MORGAN DEMARAS, BARBARA DEMARAS,
TRUSTEE U/W/O GREGORY DEMARAS, ESTELLE DEUTSCH,
SEYMOUR DEUTSCH, GUSSIE DITCHIK, MARY FRIEDMAN,
HYMAN GALLER, ROSE GINSBURG, SOL GINSBURG, SALLY
GOTTFRIED, MICHAEL K. HANDMAN, RUSH HARP, IRENE
HARRISON, PERCY D. HARRISON, FAY HIRSCH, MANFRED
JOEL, MORRIS M. KATZ , ROBERT H. KATZ, GEORGE KAYE,
EXECUTOR OF ESTATE OF RUTH KAYE, ROSE KELIN, LILLIAN ORDER
R LATTER, DIANA M. LEVINE, NORMAN LEVINSON, ABRAHAM
MIZRAHI, GRACE MIZRAHI, ROSALIND MORRISSEY, ELIOT
NELRIN, EVA NELKIN, HAROLD Z. NELKIN, FRED NEWMAN,
KAX NEWMAN, SOPHIE H. NEWMAN, ET AL., REPRESENTATIVES
OF THE ESTATE OF OSCAR NEWMAN, SOPHIE H. NEWMAN,
STEPHEN A. NEWMAN, MARTON NEYER, HELGA NIELSEN,
LORETTA E ORR, VERONICA PRENDERGAST, DAVID
ROSENBERG; DOROTHY ROSENBERG, FRANCES ROSENBERG,
HERBERT M. ROSENTHAL, ROSALIND ROSENTHAL, ALFRED M.
ROSS, FRANCES SATZ, NORMAN SATZ, DIANE SAVITT, MONICA
SAXON, BERNARD D. SHERMAN, EDITH SHERMAN, MURRAY
SHERMAN, MORTON SMITHLINE, ROCHELLE SHITHLINE, CARL L.
STEINHOUSE, ET AL., TRUSTEES U/W/O IRVING STEINHOUSE,
CARL L. STEINHOUSE, ROBERT STEINHOUSE, YVONNE MARIE
VENTURA,. GERTRUDE WASSERMAN, MARTIN I. WEISS and
BLEECKER CHARLES COMPANY, A LIMITED PARTNERSHIP,
Plaintiffs,
-against-
HILLIAM MESSING, HELEN LOWE and LOUIS ROSSIN,
Defendants
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The plaintiffs having moved for an order authorizing
the continuance of the business of Bleecker Charles
Company, a limited partnership, during the pendency of
this action by Kenneth B. Newman, one of its partners,
pursuant to Section 75 of the Partnership Law, on the
gound that the partnership could not otherwise conduct
its affairs, and the defendant William Messing having
cross-moved for an order dismissing the complaint or
granting summary judgment or other. relief, and the
defendant Helen Lowe not appearing or opposing this
motion, and the defendant Louis Rossin stating by
affidavit his consent to the relief sought by plaintiffs,
NOW, on reading and filing the order to show cause
[by Justice Hughes and, with proof of service,]
dated July 8, 1983, the affidavits of Kenneth Newman
sworn to July 7, 1983, October 14, 1983 and October 21,
1983, the affidavits of Hyman Galler sworn to October 12,
1983, Gussie Ditchek sworn to October 11, 1983, Michael
Brill sworn to October 11, 1983, Rose Klein sworn to
October 11, 1983, Lillian R. Latter sworn to October 11,
1983, Harold Z. Nelkin sworn to October , l983, Grace
Mizrahi sworn to October 13, 1983, Marion Neyer sworn to
October 11, 1983, Edward Birdt sworn to October 12, 1983,
George Kaye sworn to October 10, 1983, Louis Rossin sworn
to October 10, 1983, Frances Satz sworn to October 13,
1983, Morris Katz sworn to October ,1983 the [all with exhibits annexed]
affirmation of Patrick A. O'Brien, Esq. dated October 14,
1983, and a copy of the complaint herein, all submitted
in favor of the plaintiffs' motion and in opposition to
the defendants' cross-motion, and on reading and filing
the notice of cross-motion dated October 7, 1983, the
affirmation of William Messing, ,Esq. dated October 7,
1983 [with annexed exhibits] and the affidavit of William Messing sworn to
October 20, 1983, [with exhibits] submitted in opposition to plaintiffs'
motion and in favor of defendants' cross-motion; and due
deliberation being had thereon; and on filing the
decision of the Court;
NOW, on motion of BLUMENTHAL & LYNNE, A PROFESSIONAL
CORPORATION, and KENNETH B. NEWMAN, P.C., attorneys for
plaintiffs, it is
ORDERED, that the defendant William Messing's cross-
motion to dismiss the complaint or for summary judgment
or other relief is denied in is entirety; and it is
further
ORDERED, that the plaintiffs' motion pursuant to
Partnership Law Section 75 authorizing the operation and
winding up of Bleecker Charles Company by Kenneth B.
Newman is granted; and it is further
ORDERED, that the approval or this Court, by
application on notice to all partners, shall be required
prior to any proposed sale of the building owned by
Bleecker Charles Company, other than through a coopera-
tive offering; and it is further
ORDERED, that Kenneth B. Newman shall file an
accounting of his acts pursuant to this Order; and it is
further
ORDERED, that the amount of the undertaking of
Plaintiffs is fixed at $10,000.
ENTER,
/s/ Michael Dontzin
J.S.C.
F I L E D
APR 12 1984
COUNTY CLERK'S OFFICE
NEW YORK