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GIVENTER v. ARNOW

44 A.D.2d 160 (1974)

Michael Giventer, as Executor of Emanuel Choper, Deceased, Appellant, v. Samuel Arnow et al., Respondents

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

April 11, 1974.

Attorney(s) appearing for the Case

Harvey & Harvey (Arthur J. Harvey of counsel), for appellant.

Mataraso & MacAffer (Duncan S. MacAffer of counsel), for respondents.

HERLIHY, P. J., concurs with GREENBLOTT, J.; COOKE, J., concurs in a separate opinion; SWEENEY and MAIN, JJ., dissent and vote to affirm in an opinion by MAIN, J.

GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at Special Term, entered March 21, 1973 in Albany County, which enjoined any further prosecution upon a promissory note signed by defendants, and ordered said note to be canceled and surrendered to the defendants within 90 days of the entering of the order.

Plaintiff's testator, an attorney at law, drafted a promissory note dated July 1, 1970 pursuant to which he loaned defendants...

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