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HAUBEN v. WAXMAN

281 A.D. 1031 (1953)

Sol S. Hauben, Respondent, v. Harry Waxman, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1953.

Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

All instruments including the check were passed simultaneously and thus constituted a single transaction. (Benedict v. Cowden, 49 N.Y. 396; Manufacturers Trust Co. v. Steinhardt, 265 N.Y. 145.) Defendant's answer and the affidavits submitted in opposition to the motion raise issues of fact which...

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