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J & B SCHOENFELD FUR v. KILBOURNE & DONOHUE, INC.

88 Civ. 3584 (KC).

704 F.Supp. 466 (1989)

J & B SCHOENFELD FUR MERCHANTS, INC., Plaintiff, v. KILBOURNE & DONOHUE, INC., Timothy Delvescovo and Seymour Butan, Defendants.

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

January 18, 1989.

Attorney(s) appearing for the Case

Milton Shermet, Shermet, Jahabovics & Bernstein, White Plains, N.Y., for plaintiff.

James Geraghty, Donohue & Donohue, New York City, for defendants.

OPINION AND ORDER

CONBOY, District Judge:

This diversity action arises out of the failure to pay a promissory note in the sum of $35,000, payable March 2, 1987. The motions currently before the Court include plaintiff's motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and defendant Delvescovo's cross-motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6).

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