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SOLOMON v. VAN DE MAELE

21 A.D.2d 396 (1964)

A. Alfred Solomon, Appellant, v. Joan G. Van De Maele et al., Respondents

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

June 18, 1964.

Attorney(s) appearing for the Case

Philip Handelman of counsel (Robert M. Trien with him on the brief), for appellant.

Ralph L. Ellis of counsel (Manning, Hollinger & Shea, attorneys), for respondents.

VALENTE, McNALLY and STEVENS, JJ., concur with BREITEL, J. P.; STEUER, J., dissents and votes to affirm, in opinion.

BREITEL, J. P.

Plaintiff, payee of a promissory note for $58,000, appeals from an order denying his motion for partial summary judgment (Rules Civ. Prac., rule 113; CPLR 3212). Defendants are the makers who gave the note in purchase of 24 shares of stock in a corporation, Graphic Arts Exhibit Building, Incorporated, an enterprise created to erect a pavilion at the current New York World's Fair. The motion was...

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