CHEM. BANK NEW YORK TRUST CO. v. BATTER


31 A.D.2d 802 (1969)

Chemical Bank New York Trust Company, Appellant, v. Harvey Batter, Respondent

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

February 20, 1969


Order entered July 12, 1968, reversed on the law and plaintiff's motion for summary judgment in its favor for the relief sought in the complaint and to strike the counterclaim is granted, without costs or disbursements, and without prejudice to defendant's right to an independent action on his counterclaim. On January 25, 1968, two promissory notes previously given by defendant to plaintiff were in default and plaintiff took possession of a Buick automobile pledged as security...

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