EWING CO. v. N. Y. S. TEACHERS' RET.


23 Misc.2d 812 (1960)

W. K. Ewing Company, Incorporated, Plaintiff, v. New York State Teachers' Retirement System, Defendant.

Supreme Court, Special Term, Albany County.

March 9, 1960.


Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols for plaintiff.

Charles A. Brind, Jr., for defendant.


ISADORE BOOKSTEIN, J.

Plaintiff moves for summary judgment for the money damages sought in the complaint. Defendant moves for summary judgment dismissing the complaint. Concededly, the facts are not in dispute. The resolution of the controversy presents solely a question of law.

Defendant was the holder of an F. H. A. mortgage for $5,000,000 on an Air Force Base in Texas. It entered into a contract...

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