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MABER, INC. v. FACTOR CAB CORP.

19 A.D.2d 500 (1963)

Maber, Inc., Appellant, v. Factor Cab Corp. et al., Respondents, et al., Defendants

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

November 21, 1963.

Attorney(s) appearing for the Case

Michael F. Mayer of counsel (Spring & Mayer, attorneys), for appellant.

Norbert Ruttenberg of counsel (W. Harvey Mayer with him on the brief; Friedlander & Gaines, attorneys), for respondents.

VALENTE, McNALLY, STEVENS and STEUER, JJ., concur.

BREITEL, J. P.

The appeal arises on a motion for summary or accelerated judgment (CPLR, rule 3212; formerly Rules Civ. Prac., rule 113). The action is to recover on negotiable promissory notes. Plaintiff holder appeals from an order granting it an "optional" summary judgment for $4,000 of the $9,000 of notes held, if it elects to accept the smaller sum in full payment of the claims in suit. The notes were made...

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