UNITED EQUITIES v. MARDORDIC REALTY


16 Misc.2d 996 (1959)

United Equities, Inc., Plaintiff, v. Mardordic Realty Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

January 9, 1959.


Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn (Harold H. Levin and Allen L. Feinstein of counsel), for plaintiff.

Cox, Treanor & Shaughnessy (Joseph E. Shaughnessy and A. H. Rosenfeld of counsel), for defendant.


IRVING H. SAYPOL, J.

Both parties move for summary judgment in this action for declaratory judgment. They agree that their controversy presents a jural question warranting a declaration, that there is no issue of fact and that summary judgment is appropriate, but according to their respective contentions.

The plaintiff's motion is granted and the defendant's cross motion is denied and the counterclaim...

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