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GAINSBURGH v. ESQUIRE NOVELTY CORP.

32 Misc.2d 818 (1961)

Charles B. Gainsburgh, Plaintiff, v. Esquire Novelty Corp., Defendant.

Supreme Court, Special Term, New York County.

December 26, 1961

Attorney(s) appearing for the Case

Aberman & Greene (Arnold L. Fein of counsel), for plaintiff. Multer, Nova & Seymour (Milton A. Seymour, Jules B. Levine and Louis P. Rothman of counsel), for defendant.

ARTHUR MARKEWICH, J.

Plaintiff moves for summary judgment. The action is upon a note representing advances which the plaintiff had made to the defendant. Similar advances had been made by the two remaining stockholders, officers and directors of the defendant. There is a dispute whether the advances were made as capital contributions or as loans. They were carried on the books of account of the defendant as...

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