TARGA INT v. GROSS


112 Misc.2d 688 (1982)

Targa International Corp., Plaintiff, v. Herman Gross et al., Defendants.

Supreme Court, Special Term, New York County.

February 10, 1982


Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan for defendants. Fogel, Kamhi & Spiegler, P. C., for plaintiff.


EDWARD H. LEHNER, J.

This is a motion by the defendants to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) on the ground that the complaint fails to state a cause of action since as a matter of law the guarantees pursuant to which plaintiff sues were not assignable to it. The plaintiff cross-moves for summary judgment claiming that the rights thereunder were freely transferable.

The complaint alleges that the plaintiff Targa International...

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