LAZERE FIN. CORP. v. CRYSTAL MART


78 Misc.2d 379 (1974)

Lazere Financial Corporation, Plaintiff, v. Crystal Mart, Inc., Defendant.

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

May 29, 1974


Attorney(s) appearing for the Case

Stephen M. Friedberg for plaintiff. Breslow & Walker for defendant.


SHANLEY N. EGETH, J.

Plaintiff's motion for summary judgment must be denied. The affidavits upon this motion clearly reveal without contradiction that plaintiff factor procured a series of notes by paying consideration to its customer, the payee thereof. There is no indication that at the time of acquisition plaintiff had any knowledge of possible defenses which might have been in existence for assertion by the maker against the payee from whom plaintiff...

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