GIVENTER v. ARNOW


73 Misc.2d 413 (1973)

Michael Giventer, as Executor of Emanuel Choper, Deceased, Plaintiff, v. Samuel Arnow et al., Defendants.

Supreme Court, Special Term, Albany County.

February 23, 1973


Attorney(s) appearing for the Case

Harvey & Harvey for plaintiff. Mataraso & MacAffer for defendants.


JOHN T. CASEY, J.

As evidenced by a promissory note dated July 1, 1970 which he drafted, the plaintiff's testator, an attorney at law, loaned the defendants the sum of $13,410.67. The note recites the obligation became due July 1, 1971 and was payable "with interest at 7½ per annum, compounded quarterly". The plaintiff moves for summary judgment. It is agreed generally that the loan was made, executed, and remains unpaid in full. The defendants,...

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