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FRANKLIN BANK L. IS. v. PHOENIX INS. CO.

15 Misc.2d 145 (1958)

Franklin National Bank of Long Island, Plaintiff, v. Phoenix Insurance Company et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 8, 1958.

Attorney(s) appearing for the Case

Sullivan & Scholly for plaintiff.

Abrams & Bleich for Phoenix Insurance Company, defendant.

S. James Matthews for Kingsvale Builders, Inc., and another, defendants.

HOWARD T. HOGAN, J.

Plaintiff, pursuant to rule 113 of the Rules of Civil Practice, seeks an order striking out the defendants' answers and directing the entry of summary judgment.

The second cause of action is based upon a promissory note for $350,000 made by the defendant, Kingsvale Builders, Inc., and indorsed by the codefendants Peter R. Torti and Gerald Krupka. The first cause of action is against...

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