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POSEN v. THOMPSON-STARRETT CO.

20 Misc.2d 537 (1959)

Samuel I. Posen et al., Plaintiffs, v. Thompson-Starrett Company, Inc., Defendant. Superior Tool & Die Company, Plaintiff, v. Thompson-Starrett Company, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

October 22, 1959.

Attorney(s) appearing for the Case

Isidore G. Needleman and Sidney Rabekoff for Samuel I. Posen and another, plaintiffs.

Mendel Lurie and Edward L. Sadowsky for Superior Tool & Die Company, plaintiff.

Charles Trynin for Thompson-Starrett Company, Inc., defendant.

OWEN McGIVERN, J.

Plaintiffs move for summary judgment in an action on a nonnegotiable note issued by the original defendant and assigned by mesne assignments to plaintiffs. Said defendant has interpleaded Superior Tool & Die Company, alleging that it had asserted a claim to the same note. The interpleaded defendant has served an answer asserting counterclaims against the plaintiffs and the original defendant. The

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