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WALTER E. HELLER & CO. v. CHOPP-WINCRAFT PRINTING

No. 82 Civ. 2862(MP).

587 F.Supp. 557 (1982)

WALTER E. HELLER & COMPANY, Plaintiff, v. CHOPP-WINCRAFT PRINTING SPECIALTIES, INC., Defendant & Third Party Plaintiff, v. ROYAL ZENITH CORPORATION (Dismissed July 23, 1982), Third Party Defendant.

United States District Court, S.D. New York.

September 21, 1982.

Attorney(s) appearing for the Case

Sharfman, Shanman, Poret & Siviglia by Alan D. Handler, New York City, for plaintiff.

Hyman R. Friedman, New York City, for defendant and third party plaintiff.

MEMORANDUM

MILTON POLLACK, District Judge.

Plaintiff moves for summary judgment on its breach of contract action, alleging that defendant has defaulted in its obligation under a lease between the parties to pay rent for equipment. Defendant does not deny the default but argues that the transaction is a loan, not a lease, is usurious, and that even if it is a lease that plaintiff is bound by certain warranties concerning the equipment which defendant claims...

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