ATL. FUND. CORP. v. TAYLOR INT. CORP.


36 Misc.2d 447 (1962)

Atlantic Funding Corporation, Plaintiff, v. Taylor International Corp., Defendant.

Supreme Court, Special Term, New York County.

September 12, 1962


Attorney(s) appearing for the Case

Charles E. Sorace for plaintiff. Aranow, Brodsky, Bohlinger, Einhorn & Dann (William M. Kaplan and Michael P. Rosenthal of counsel), for defendant.


CHARLES A. LORETO, J.

Motion for summary judgment. Plaintiff seeks recovery on a promissory note made by defendant to plaintiff as payee thereof. Defendant acknowledges the execution of the note and concedes its liability to plaintiff for the amount thereof. By way of defense and counterclaim defendant alleges that it is prohibited from paying the note by virtue of a writ of garnishment (attachment) obtained by one A. Herbert Mathes, attaching debts due...

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