FREEDMAN v. MONTAGUE ASSOCS.


18 Misc.2d 1 (1959)

Nat Freedman et al., as Executors of Jacob H. Kaplan, Deceased, et al., Plaintiffs, v. Montague Associates, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

May 19, 1959.


Attorney(s) appearing for the Case

George J. Rudnick for plaintiffs.

Smith & Reiher (Peter P. Smith and Robert L. Callahan of counsel), for defendants.


M. HENRY MARTUSCELLO, J.

Defendants move pursuant to rule 113 of the Rules of Civil Practice for summary judgment dismissing the amended complaint herein on the ground that the affirmative defense pleaded thereto is sufficient as a matter of law and is founded upon facts established prima facie by documentary evidence.

The action was brought originally by Nat Freedman and Jack Kaplan as plaintiffs to recover...

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