MARINE MIDLAND TRUST CO. v. DUGAN


202 Misc. 847 (1952)

Marine Midland Trust Company of Binghamton, Plaintiff, v. Robert Dugan, Defendant.

Supreme Court, Special Term, Cortland County.

March 14, 1952.


Attorney(s) appearing for the Case

Chandler Y. Keller for plaintiff.

Richard C. Lounsberry for defendant.


ZELLER, J.

By separate motions each party seeks judgment pursuant to rule 113 of the Rules of Civil Practice. The facts are not in dispute but the parties do not agree on the conclusion to be drawn from the facts.

E. Howard Cummings owned premises known as 56 Central Avenue, Owego, New York, which consisted of an automobile showroom and garage on the main floor and apartments on the second floor. Cummings...

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