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PARKWAY MGT. CO. v. WOLFSON

32 A.D.2d 306 (1969)

Parkway Management Co., Respondent-Appellant, v. Djalma S. Wolfson, Appellant-Respondent

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

June 24, 1969.

Attorney(s) appearing for the Case

Abraham H. Spilky for respondent-appellant.

Richard J. Stull of counsel (Robert A. Stull with him on the brief; Stull & Stull, attorneys), for appellant-respondent.

EAGER, J. P., CAPOZZOLI, McNALLY and STEUER, JJ., concur in Per Curiam opinion; McGIVERN, J., dissents in opinion.

Per Curiam.

Both sides appeal from an order of Special Term denying summary judgment.

Plaintiff sues for the balance due on a loan. The loan agreement is set out by a promissory note for $32,000. Concededly the loan was for a lesser amount. The error arose in the course of the fairly complex transaction. It appears that defendant was negotiating to acquire the control of Seaboard Plywood and Lumber Corporation...

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