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ATLAS CREDIT CORP. v. EZRINE

25 N.Y.2d 219 (1969)

Atlas Credit Corporation, Respondent, v. Ivan A. Ezrine, Appellant. Atlas Credit Corporation, Respondent, v. Sarah Ezrine, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Harold Greenberg for appellants.

Peter S. Ness and Walter F. Bottger for respondent.

Judges BURKE, BERGAN and JASEN concur with Judge BREITEL; Chief Judge FULD dissents and votes to affirm in a separate opinion in which Judge SCILEPPI concurs.

BREITEL, J.

Plaintiff, Atlas Credit Corporation, sues in these consolidated actions to enforce two Pennsylvania judgments obtained pro confesso under a cognovit or warrant of attorney. Atlas moved for summary judgment on the ground that the judgments were entitled to full faith and credit in New York. The Supreme Court denied the motion, finding that an issue of fact was presented as to plaintiff...

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