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HAPOALIM v. KOTTEN MACH. CO. OF BROOKLYN, INC.

130 A.D.2d 428 (1987)

Bank Hapoalim, B.M., Respondent, v. Kotten Machine Co. of Brooklyn, Inc., et al., Defendants, and Broney Gadman, Appellant

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

May 21, 1987

Plaintiff began this action by a notice of motion for summary judgment in lieu of complaint returnable on December 30, 1980. Service was made only upon Kotten Machine Co. of Brooklyn, Inc., by serving the Secretary of State. By a decision dated January 15, 1981, the motion court granted the motion for summary judgment in lieu of complaint and directed the parties to settle an order. No order has been settled to date.

The decision of January 15, 1981 was not binding...

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