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PERTH AMBOY NATIONAL BANK v. BRODSKY

207 F.Supp. 785 (1962)

The PERTH AMBOY NATIONAL BANK, Plaintiff, v. Irving BRODSKY, Bernard H. Kayden, Herbert J. Kayden and Henry Smith, Defendants.

United States District Court S. D. New York.

August 6, 1962.

Attorney(s) appearing for the Case

Peckerman, Fisher, Gleiberman & Ezrine, New York City, for plaintiff (David Fisher, and Fred I. Sonnenfeld, New York City, of counsel).

Goldwater & Flynn, New York City, for defendants (Monroe Goldwater, and Bernard Katz, New York City, of counsel).

COOPER, District Judge.

Plaintiff Bank moves for summary judgment pursuant to Rule 56, F.R.Civ.P., 28 U.S.C.A., contending that there exists no genuine issue of material fact requiring trial and that, on the pleadings and moving papers, judgment should be granted in its favor as a matter of law.

Upon the basis of analogous assertions, defendants cross-move for summary judgment dismissing the complaint and granting judgment in their favor.

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