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NAT'L BANK OF NEW YORK v. SCHINASI

24 Misc.2d 444 (1960)

National City Bank of New York, Plaintiff, v. Albert D. Schinasi et al., Individually and as Copartners Doing Business as Natal Garment Co., et al., Defendants.

Supreme Court, Special Term, New York County.

April 20, 1960.

Attorney(s) appearing for the Case

Harold H. Keefe and Anthony Christy for plaintiff.

S. Martin Adelman for defendants.

MATTHEW M. LEVY, J.

The plaintiff moves for summary judgment (Rules Civ. Prac., rule 113). While there is no limitation on the power of the court to grant such a motion at any stage of the proceedings (Ecker v. Muzysh, 259 App. Div. 206), it is worthy of note that an application by the plaintiff for this relief was, as long ago as June, 1952, denied without prejudice to renewal. Instead of moving promptly...

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