SIRE PLAN v. 130-138 W. 42ND ST. CORP.


12 Misc.2d 587 (1958)

Sire Plan, Inc., Plaintiff, v. 130-138 West 42nd Street Corporation, Defendant.

Supreme Court, Special Term, New York County.

May 8, 1958.


Attorney(s) appearing for the Case

Samuel Shapiro for plaintiff.

Stroock, Stroock & Lavan for defendant.


ARON STEUER, J.

Plaintiff sues on a complaint alleging that plaintiff deposited with defendant $100,000 for its use and benefit and that, although demanded, the sum has not been returned. Defendant moves for summary judgment setting out the following facts. Defendant owns a building which plaintiff contracted to purchase for $2,380,000. Plaintiff paid $50,000 on account of the purchase on the contract date,...

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