ALACHUA INN CORP. v. COOPER


66 Misc.2d 479 (1971)

Alachua Inn Corp., Plaintiff, v. Marvin Cooper, Defendant.

Supreme Court, Special Term, New York County.

May 10, 1971


Attorney(s) appearing for the Case

Sigmund Goldstein for plaintiff. George Damashek for defendant.


SAMUEL A. SPIEGEL, J.

Plaintiff moves for summary judgment and defendant cross-moves for judgment dismissing the complaint, pursuant to CPLR 3211 (subd. [a], pars. 5, 8) or, in the alternative, for dismissal pursuant to CPLR 3212 (subd. [b]).

Plaintiff alleges the execution in New York City on March 15, 1968, of a lease to property located in Florida. The defendant is the lessor. Three checks, totaling $50,000, comprising the security, were delivered...

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