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FLIEGLER v. HOLMES

285 A.D. 1034 (1955)

Irving Fliegler, Appellant, v. Alfred S. Holmes et al., Respondents, et al., Defendant

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

April 26, 1955.

Per Curiam.

Plaintiff appeals from an order denying his motion for summary judgment as to the second cause of action.

Plaintiff sued as assignee of one Guhl, who loaned defendants $30,000 pursuant to a written agreement that the borrowers would repay in one year. There is no issue concerning the making of the loan.

The defendants, by affidavits, attempt to create triable issues concerning (1) a defense...

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