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CUSICK v. IFSHIN

70 Misc.2d 564 (1972)

Charles Cusick et al., Plaintiffs, v. Stephen N. Ifshin et al., Defendants.

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

June 8, 1972

Attorney(s) appearing for the Case

Stanley M. Klein for plaintiffs. Fred Lichtblau for Henry Mendler, defendant. Simeon F. Gross and Elliot S. Gross for Stephen N. Ifshin, defendant.

BENTLEY KASSAL, J.

Motions No. 155 and No. 156, cross motions for summary judgment, are consolidated and both decided herein.

The facts: On March 28, 1969, Carmona Construction Company, Incorporated, by its president, Marc Mendler, acknowledged receipt of a loan of $10,000 from plaintiffs and of another $10,000 from Daniel Ifshin, not a party here. In exchange, the corporation promised to pay...

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