KRAMER v. HARRIS


9 A.D.2d 282 (1959)

Sidney Kramer, Respondent, v. Al Harris, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1959.


Attorney(s) appearing for the Case

Samuel Slote for appellant.

Martin M. Berger of counsel (Herbert Kramer with him on the brief; Berger & Kramer, attorneys), for respondent.

BOTEIN, P. J., BREITEL, RABIN and M. M. FRANK, JJ., concur in Per Curiam opinion; VALENTE, J., dissents and votes to deny summary judgment in opinion.


Per Curiam.

Special Term properly granted plaintiff's motion for summary judgment in this action to recover on a loan for $10,000.

Concededly, plaintiff, a friend of defendant, advanced the sum of $10,000 following a conversation with defendant and the latter's wife. The loan took the form of two checks each in the amount of $5,000 payable to defendant, one of which defendant admits indorsing. Concededly, both checks found their way to one Ben Cohen...

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