MARCUS v. FABRIKANT


34 Misc.2d 945 (1962)

Hyman Marcus, Plaintiff, v. Ben Fabrikant et al., Defendants.

Supreme Court, Special Term, New York County.

May 8, 1962


Attorney(s) appearing for the Case

Grossman & Grossman (Louis Grossman and Herman Cahn of counsel), for plaintiff. Buchter, Rathheim, Abrams & Hoffman (Alfred Rathheim of counsel), for Federation Bank & Trust Company, defendant. Field, Flores & Field (Norman S. Freiberger of counsel), for Ben Fabrikant and another, defendants.


NATHANIEL T. HELMAN, J.

Plaintiff moves for partial summary judgment, pursuant to rule 114 of the Rules of Civil Practice, against defendant Federation Bank. Defendant Nationwide Capital delivered its promissory note to defendant Federation Bank in the sum of $250,000, payable four months from the date of delivery thereof. At the time of the making and delivering of the note (Feb. 9, 1959), plaintiff, at Federation's request, delivered a check for $100...

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