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NIAGARA MOHAWK v. SILBERGELD

58 Misc.2d 285 (1968)

Niagara Mohawk Power Corporation, Plaintiff, v. Arthur Silbergeld, Doing Business as H. Silbergeld, et al., Defendants.

Supreme Court, Niagara County.

November 14, 1968

Attorney(s) appearing for the Case

Hovey & Kushner (Angelo Massaro of counsel), for defendants. Jaeckle, Fleischmann, Kelly, Swart & Augspurger (David C. Fielding of counsel), for plaintiff.

JOSEPH P. KUSZYNSKI, J.

This is a motion for summary judgment pursuant to CPLR 3212 brought by the defendants, Abraham R. Kushner and Molly Silbergeld, as executors of the estate of Rose Silbergeld, deceased, on the ground that, with respect to the estate, the plaintiff's cause of action is without merit. The facts are as follows:

On December 13, 1963 a contract between Niagara Mohawk Power Corporation...

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