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TRADE DEVELOP. BANK v. CAL-TECH SYS.

20 A.D.2d 355 (1964)

Overseas Credit Corporation, Plaintiff, v. Cal-Tech Systems, Inc., et al., Defendants, and Morris A. Hirsch et al., Impleaded Defendants. (Action No. 1.) Trade Development Bank, Respondent, v. Cal-Tech Systems, Inc., et al., Defendants and Third-Party Plaintiffs, Appellants. Robert A. Martin et al., Third-Party Defendants. (Action No. 2.)

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

February 27, 1964.

Attorney(s) appearing for the Case

David A. Botwinik of counsel (Murray Mogel and Howard E. Chase with him on the brief; Fink & Pavia, attorneys), for respondent.

Milton Pinkus of counsel (Richard J. Stull and Robert A. Stull with him on the briefs; Milton Pinkus and Stull & Stull, attorneys), for Cal-Tech Systems, Inc., appellant.

Louis Okin of counsel (Sam W. Galowitz with him on the brief; Fisher, Okin, Gleiberman & Ezrine, attorneys), for Ezrine appellant.

BOTEIN, P. J., and McNALLY, J., concur with BREITEL, J.; EAGER, J., dissents and votes to reverse in opinion, in which RABIN, J., concurs.

BREITEL, J.

Plaintiff, holder of two promissory negotiable notes for $25,000 each, was granted summary judgment against the corporate maker and an individual indorser under rule 113 of the Rules of Civil Practice (now CPLR 3212). Maker appeals urging that there are issues of fact whether plaintiff was a bona fide holder in due course and, particularly, whether the signatory on behalf of the corporate maker, who...

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