GELB v. ZIMET BROS.


34 Misc.2d 401 (1962)

Harold Gelb, Plaintiff, v. Zimet Brothers, Inc., Defendant.

Supreme Court, Special and Trial Term, New York County.

April 18, 1962


Attorney(s) appearing for the Case

Hawkins, Delafield & Wood (Clarence Fried and Kenneth B. Mason, Jr., of counsel), for plaintiff. Hecht & Glaser (Samuel Hecht of counsel), for defendant.


JACOB MARKOWITZ, J.

Both parties to this action have waived findings of fact and conclusions of law.

Defendant caused plaintiff's stock to be sold on October 25, 1960. At that time, plaintiff was not in default under the terms of the loan for which the stock had been pledged as security. No evidence has been adduced by defendant of the existence of any agreement, written or oral, which authorized defendant...

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