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HANAM, B.V. v. KITTAY

No. 83 Civ. 1737(M.P.).

589 F.Supp. 1042 (1984)

HANAM, B.V., a Netherlands Limited Liability Company, and IFICOR Investments, N.V., a Netherlands Antilles Limited Liability Company, Plaintiffs, v. Frieda KITTAY, individually and in her capacity as executrix of the Estate of Sol Kittay, Jeffrey Kittay, in his capacity as executor of the Estate of Sol Kittay, and Arlyne J. Imberman, in her capacity as executrix of the Estate of Sol Kittay, Defendants.

United States District Court, S.D. New York.

May 7, 1984.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City by Jeffrey Glekel, Janice M. Lee, Yvonne Miller, New York City, for plaintiffs.

Simpson, Thacher & Bartlett, New York City, by Roy L. Reardon, Robert F. Cusumano, Susan Lyons, Eli M. Rosenbaum, New York City, for defendants Imberman and Jeffrey Kittay.

Hughes, Hubbard & Reed, New York City, by John M. Townsend, Robert J. Sisk, New York City, for defendant Frieda Kittay Goldsmith.

OPINION

MILTON POLLACK, Senior District Judge.

Plaintiff has moved for partial summary judgment under Rule 56 Fed.R.Civ.P. on three negotiable promissory notes dated March 2, 1982, issued by Sol Kittay. The maker died three months later, on June 10, 1982. The notes have since matured. This is peculiarly a case for the use of Rule 56 to strain out fictitious and unworthy defenses to promissory notes used for dilatory purposes.

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