BOWERY SAV. BANK v. RETAIL REALTY


16 Misc.2d 243 (1958)

Bowery Savings Bank, Plaintiff, v. Retail Realty, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

December 22, 1958.


Attorney(s) appearing for the Case

Lewis, Durante & Bartel (J. Norman Lewis and Rubin H. Marcus of counsel), for defendants.

Cadwalader, Wickersham & Taft (Jacquelin Swords and Edward Abbe Niles of counsel), for plaintiff.


SIDNEY A. FINE, J.

Defendants move to dismiss the complaint for alleged failure to state a cause of action.

Plaintiff sues for $100,000 upon a joint and several bond executed by the defendants. The bond provides that plaintiff shall receive $100,000 in the event that "the first advance under the building loan agreement" "shall not be closed because of reasons within Alexander's Securities Corporation...

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