BOWERY SAV. BANK v. RETAIL REALTY


19 Misc.2d 752 (1959)

Bowery Savings Bank, Plaintiff, v. Retail Realty, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

September 22, 1959.


Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Jacquelin A. Swords, Edward Abbe Niles and Ross B. Burke of counsel), for plaintiff.

Lewis, Durante & Bartel (J. Norman Lewis, Rubin H. Marcus and Frederick E. Smithline of counsel), for defendants.


SIDNEY A. FINE, J.

This is an action upon a bond, the obligation of which is conditioned upon the failure of the defendant Retail Realty, Inc. (formerly named Alexander's Securities Corporation) to take the first advance under a certain building loan agreement between that defendant and the plaintiff. The bond was given pursuant to a letter agreement dated October 23, 1957, which in turn provided for the execution by the parties of a separate building...

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