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B. W. ACCEPTANCE CORP. v. RICHMOND

46 Misc.2d 447 (1965)

B. W. Acceptance Corporation, Plaintiff, v. Frederick W. Richmond et al., Defendants.

Supreme Court, Special Term, New York County.

March 29, 1965

Attorney(s) appearing for the Case

Mound, Isaacs & Greenburg (Henry A. Greenburg of counsel), for plaintiff. Butler, Jablow & Geller (Edward I. Kramer of counsel), for defendants.

LOUIS J. CAPOZZOLI, J.

This is a motion by plaintiff for summary judgment pursuant to CPLR 3213.

Plaintiff factor in its affidavit in support of this motion dated October 23, 1964, sought recovery based upon its status as a holder of negotiable instruments executed and delivered in connection with purchases under conditional sales contracts. After the affidavit in opposition pointed out that the notes sued upon were never negotiated, plaintiff...

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