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McCLELLAN AGCY. v. CUNNINGHAM, NIELSEN

22 Misc.2d 372 (1960)

McClellan Agency, Inc., Plaintiff, v. Cunningham, Nielsen & Molloy, Inc., et al., Defendants.

County Court, Westchester County.

January 26, 1960.

Attorney(s) appearing for the Case

Thomas J. Stephens for plaintiff.

Benjamin Platt for Cunningham, Nielsen & Molloy, Inc., defendant.

JAMES D. HOPKINS, J.

The plaintiff moves for summary judgment as against the defendant Cunningham, Nielsen & Molloy, Inc., in an action based on a promissory note executed and delivered by the defendant to the plaintiff in the sum of $5,242.06, payable on demand. In turn, the defendant has crossmoved for summary judgment upon the counterclaim contained in its answer.

It appears from the affidavits...

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