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KEYBRO ENT. v. FOUR SEASONS CATERERS

25 A.D.2d 307 (1966)

Keybro Enterprises, Appellant, v. Four Seasons Country Club Caterers, Inc., et al., Respondents

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

April 28, 1966.

Attorney(s) appearing for the Case

Julius Lentz for appellant.

Herbert W. Solomon of counsel (Silverstein, Balin, Pares & Soloway, attorneys), for Four Seasons Country Club Caterers, Inc., respondent.

George Knopp for Jack Dubov Associates, Inc., respondent.

BREITEL, J. P., and McNALLY, J., concur with STEVENS, J.; EAGER, J., dissents in part in opinion, in which RABIN, J., concurs.

STEVENS, J.

Plaintiff appeals from an order entered February 16, 1965, and judgment entered April 9, 1965, which granted defendants' motions for summary judgment dismissing the complaint.

The action was brought for accrued interest allegedly due on a series of 12 promissory notes, and to recover a sum as an attorney's fee. The notes were made to the order of Seymour Hirschhorn by Four Seasons Country Club Caterers, Inc. (Four Seasons) as payment...

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