C'MONWEALTH MOT. PTS. v. BANK


44 A.D.2d 375 (1974)

Commonwealth Motor Parts Limited et al., Respondents-Appellants, v. Bank of Nova Scotia, Appellant-Respondent

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

May 9, 1974.


Attorney(s) appearing for the Case

Matthew C. Gruskin of counsel (Shearman & Sterling, attorneys), for appellant-respondent.

Milton I. Stockton for respondents-appellants.

MARKEWICH, J. P., KUPFERMAN and CAPOZZOLI, JJ., concur.


MURPHY, J.

Both sides appeal from an order of Supreme Court granting in part defendant's summary judgment motion seeking dismissal of all four causes of action of plaintiffs' amended complaint.

The essential facts are not in dispute. The corporate plaintiff (hereafter "Commonwealth") was organized under the laws of the Dominion of Canada, with its principal office in Toronto. The individual plaintiff...

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