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BURKE v. GOTLIEB

19 Misc.2d 893 (1959)

Paul Burke, Plaintiff, v. Norman Gotlieb, Defendant.

Supreme Court, Special Term, Queens County.

August 19, 1959.

Attorney(s) appearing for the Case

Lehman, Goldmark & Rohrlich (Jerome L. Abrams and Donald A. Hopper of counsel), for defendant.

Epstein & Ratzkin (Thomas Epstein and Irwin M. Rosenthal of counsel), for plaintiff.

CHARLES MARGETT, J.

Motion by defendant to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.

This is an action on a promissory note. Plaintiff alleges that on or about March 12, 1953, for value received, defendant made and delivered to plaintiff a promissory note; that plaintiff is and always has been the owner and holder of the note; and that payment of the...

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