FLYNN v. DICK


27 Misc.2d 547 (1960)

John E. Flynn, Respondent, v. Jack R. Dick et al., Appellants.

Supreme Court, Appellate Term, First Department.

December 15, 1960


Attorney(s) appearing for the Case

Goldwater & Flynn (James L. Goldwater and Robert M. Dubow of counsel), for Lynda Dick, appellant. Garey & Garey (Wm. Francis Corson and Allan K. Peckel of counsel), for Jack R. Dick, appellant. Singer & Corwin (Walter A. Bobrow of counsel), for respondent.

AURELIO and TILZER, JJ., concur; HOFSTADTER, J. P., dissents and votes to affirm.


Per Curiam.

Although the complaint pleads a definite, clear and simple action upon a promissory note, plaintiff's affidavit in support of his motion for summary judgment alleged that the note was conditionally given as security for plaintiff's investment in a joint venture. In this aspect of the transaction, the instant action is premature. Until the defendants' liability has been established and the plaintiff's loss...

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