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NEWTON-WALTHAM BANK v. BERGEN MOTORS

68 Misc.2d 228 (1971)

Newton-Waltham Bank and Trust Company, Plaintiff, v. Bergen Motors, Inc., Defendant.

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

October 20, 1971

Attorney(s) appearing for the Case

Pell, Le Viness & Russell (David Hartstein of counsel), for plaintiff. Hauser, Rosenbaum & Rothbard (Noel W. Hauser of counsel), for defendant.

SALVATORE T. DEMATTEO, J.

The plaintiff moves for summary judgment dismissing the defendant's answer and for a judgment in the sum of $5,250, on the grounds that there are no justiciable issues. The essential facts are as follows:

On February 12, 1970, Irwin Zide purchased a 1970 Cadillac automobile for the sum of $5,250 from Frost Motors, Inc., an auto dealer in the State of Massachusetts. The sale...

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