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NEW YORK TRAP ROCK CORP. v. CITY OF NEW YORK

204 Misc. 753 (1953)

New York Trap Rock Corporation, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

October 15, 1953.

Attorney(s) appearing for the Case

Joseph Diehl Fackenthal for plaintiff.

Denis M. Hurley, Corporation Counsel (Irwin L. Herzog of counsel), for defendant.

HOFSTADTER, J.

On this motion by the plaintiff for summary judgment both parties concede that only a question of law is presented. The plaintiff in 1947 executed a chattel mortgage to secure an indebtedness of $5,100,000 — which was duly filed in each of the five counties comprising the City of New York. In December, 1952, the trustee under the mortgage executed and delivered to the plaintiff an instrument...

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