McABEE v. KEEN


21 A.D.2d 740 (1964)

Katherine C. McAbee, Respondent, v. Melvin R. Keen, Defendant and Third-Party Plaintiff-Appellant. Gervas Canning Company, Inc., Third-Party Defendant

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

May 21, 1964


Order of May 2, 1963, insofar as it grants plaintiff's motion for summary judgment unanimously reversed and motion denied, and the judgment entered thereon on July 10, 1963 vacated, and otherwise the order is affirmed, with costs to defendant Keen.

Memorandum:

There are material issues of fact which preclude the granting of summary judgment. One question is whether the plaintiff succeeded to all of the rights of the bank which was a holder in due course, or...

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