NAT. BANK v. AROUND CLOCK TRUCK


58 Misc.2d 660 (1968)

National Bank of North America, Plaintiff, v. Around the Clock Truck Service, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 19, 1968


Attorney(s) appearing for the Case

Halpern, Halpern & Axelrod for plaintiff. Stanley Kligfeld for Leonard Shapiro, defendant.


MANUEL W. LEVINE, J.

In this action to recover on a promissory note and guarantee of payment executed at the same time the plaintiff moves to dismiss two affirmative defenses and for summary judgment against the sole remaining defendant.

This defendant admits all the allegations of the complaint and asserts as a partial defense that the provision in the note for the payment of an attorney's fee is void...

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