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BAGLEY v. BUTLER

59 Misc.2d 1029 (1969)

John R. Bagley, Plaintiff, v. Herbert Butler et al., Defendants.

County Court, Rensselaer County.

February 25, 1969

Attorney(s) appearing for the Case

Joseph E. Walsh for plaintiff. Davison & Holbrook (John S. Davison of counsel), for defendants.

JOHN J. McCALL, J.

Plaintiff moves, pursuant to CPLR 3213, for summary judgment on an instrument calling for the payment of a sum of money only. The supporting documents consist of the instrument and an affidavit of the plaintiff. Defendants submitted their affidavit, and that of their attorney, in opposition and, additionally, ask for summary judgment, pursuant to CPLR 3212 (subd. [b]). Said section permits...

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