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GIMBEL BROS. v. SWIFT

62 Misc.2d 156 (1970)

Gimbel Bros., Inc., Plaintiff, v. Cecil Swift et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

February 9, 1970

Attorney(s) appearing for the Case

Joel L. Leef for plaintiff. Martin Gallin for defendants.

IRVING YOUNGER, J.

This case involves a challenge to the validity of a familiar legal device.

Cecil Swift is Carl Swift's father. Carl owed $714.43 to plaintiff. On August 21, 1969, father and son met with plaintiff's attorney. The three of them executed a document of the kind commonly employed by the commercial community in such situations. It is captioned:

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