GRAMORE STORES v. BANKERS TR


93 Misc.2d 112 (1978)

Gramore Stores, Inc., Plaintiff, v. Bankers Trust Company, Defendant.

Supreme Court, Special Term, New York County.

February 14, 1978


Attorney(s) appearing for the Case

Charles Leeds for defendant. Penzer & Sloan for plaintiff.


ARNOLD G. FRAIMAN, J.

This is a motion by defendant for summary judgment dismissing the complaint. Plaintiff cross-moves for an order striking defendant's affirmative defenses and permitting it to amend its complaint to add an additional cause of action.

Plaintiff is a retail merchant. In October, 1972 it entered into a written agreement with defendant bank to permit it to use the bank's night deposit...

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