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GEN. ACCEPTANCE CORP. v. MASMO, INC.

33 A.D.2d 57 (1969)

General Acceptance Corp., Appellant, v. Masmo, Inc., Formerly Known as Massachusetts Mohair Plush Company, Inc., Respondent

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

October 30, 1969.

Attorney(s) appearing for the Case

William Glatzer of counsel (Glatzer, Glatzer & Evans, attorneys), for appellant.

Julius Komissaroff of counsel (Albert M. Kaufman with him on the brief; Ballon, Stoll & Shyman, attorneys), for respondent.

McNALLY and STEUER, JJ., concur with MARKEWICH, J.; McGIVERN, J., dissents in opinion in which CAPOZZOLI, J. P., concurs.

MARKEWICH, J.

This suit is upon a promissory note for $1,090,696.03, with a second cause for counsel fees. Summary judgment was denied to plaintiff-appellant by Special Term on the ground of existence of triable issues "including whether, under certain agreements executed simultaneously with the note, plaintiff was first obligated to sell a certain property to satisfy the debt". We hold that there are no such issues of fact, and that careful reading of...

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