ALPERSTEIN v. NAT'L CITY BANK OF N. Y.


201 Misc. 47 (1951)

Ray Alperstein, As Administratrix of The Estate of Maurice Alperstein, Deceased, Plaintiff, v. National City Bank of New York, Defendant.

Municipal Court of City of New York, Borough of Manhattan.

April 6, 1951.


Attorney(s) appearing for the Case

Maxwell A. Rubin for plaintiff.

Shearman & Sterling & Wright for defendant.


BOCCIA, J.

This case presents a novel issue and apparently of first impression.

Each of the parties moved for summary judgment and concedes the following facts:

On June 23, 1950, the defendant bank made a loan to plaintiff's intestate, Maurice Alperstein, by discounting his promissory note for $10,000. The loan was made pursuant to the borrower's application which is dated June 22, 1950. At the...

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