TRADE BANK & TRUST v. GOLDBERG


38 A.D.2d 405 (1972)

Trade Bank and Trust Company, Respondent, v. Lionel Goldberg, Appellant, et al., Defendants

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

March 27, 1972.


Attorney(s) appearing for the Case

David Sive of counsel (Sigmund Anderman with him on the brief; Winer, Neuburger & Sive, attorneys), for appellant.

Ronald Gene Wohl of counsel (Gettinger, Gettinger & Manheimer, attorneys), for respondent.

KUPFERMAN, J. P., MURPHY, McNALLY and TILZER, JJ., concur.


STEUER, J.

Both sides moved for summary judgment and the court gave judgment for the plaintiff for $2,000 and directed a trial for the remaining amount of the claim, namely, $30,000. We agree that no question of fact as to the item of $2,000 was presented. This sum has since been paid by defendant and no question as to it is presented on this appeal. As regards the sum found as a result of the trial, we find that no issue of fact was presented requiring...

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