BROWN v. SIMAB CORP.


20 A.D.2d 121 (1963)

Bernard B. Brown, Respondent, v. Simab Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1963.


Attorney(s) appearing for the Case

Hyman J. Fliegel of counsel (Martin L. Fried with him on the brief; David S. Meyer, attorney; Tenzer, Greenblatt, Fallon & Kaplan of counsel), for appellants.

Henry A. Drescher for respondent.

BOTEIN, P. J., BREITEL, McNALLY, STEUER and BASTOW, JJ., concur.


Per Curiam.

Defendant lender, Simab Corporation, and its local manager, Shapiro, appeal from a judgment for $55,209 in a malicious prosecution action. As to defendant lender the judgment was reduced by $23,750 pursuant to a directed verdict on a counterclaim based on promissory notes.

The judgment for plaintiff should be vacated and a new trial ordered.

Plaintiff Brown commenced this action after having...

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