CHERNO v. BANK OF BABYLON


57 Misc.2d 801 (1968)

Isidore Cherno, as Assignee for the Benefit of Creditors of Elwood Auto Parts, Inc., Plaintiff, v. Bank of Babylon, Defendant.

Supreme Court, Special Term, Nassau County.

May 22, 1968


Attorney(s) appearing for the Case

Matthew Feinberg for plaintiff. Michael J. Ryan for defendant.


FRANK A. GULOTTA, J.

Plaintiff moves for summary judgment and defendant asks for like relief in its answering affidavit.

There are two causes of action remaining in the complaint. Both are for conversion, one seeking compensatory damage and the other punitive damage.

Plaintiff is an assignee for the benefit of creditors and defendant bank is a creditor and the holder of a security agreement. It is undisputed that the bank seized the assets...

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