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SAGE TRADING CORP. v. SEVENTH OP. CORP.

50 Misc.2d 449 (1965)

Sage Trading Corporation, Plaintiff, v. Seventh Operating Corporation, Defendant.

Civil Court of the City of New York, New York County.

December 27, 1965

Attorney(s) appearing for the Case

Schwartzman & Weinstock (Leonard I. Weinstock of counsel), for plaintiff. Harry Salvan for defendant.

MILLARD L. MIDONICK, J.

The motion for summary judgment in lieu of complaint is granted. Plaintiff makes out a case warranting the court as a matter of law in directing judgment in its favor, subject however to the triable issue of fact as to the amount or extent of damages. (CPLR 3213, 3212, subds. [b] and [c].)

The only common ground between the moving papers and the opposing papers seems to be that...

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