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ROSENBLUM v. STEINER

43 N.Y.2d 896 (1978)

Dora Rosenblum, as Executrix of Jacques Rosenblum, Deceased, Appellant-Respondent, v. Herman C. Steiner, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Marcel Shwergold for appellant-respondent.

Irving L. Golomb for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with the following memorandum. The plaintiff executrix made this CPLR 3213 motion for summary judgment by service of a summons, notice of motion for summary judgment and affidavit in support of the motion seeking to collect on two promissory notes. The papers alleged that on or about December 1, 1971 the defendant executed and...

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