Appellate Terms of the Supreme Court of New York, 1959

Kass & Co. v. Beredyn

Appellate Terms of the Supreme Court of New York · Decided June 4, 1959

19 Misc. 2d 549; 195 N.Y.S.2d 397; 1959 N.Y. Misc. LEXIS 3545

Counsel

Herbst & Herbst (Samuel B. Herbst and Jesse H. Brenner of counsel), for appellant., Friedman & Friedman (Hyman B. Friedman of counsel), for respondents.

Opinion of the Court

Per Curiam.

There was no irregularity on the face of either note to put plaintiff on notice that there were any restrictions surrounding the delivery of the notes, nor is there any proof that plaintiff had knowledge thereof.

The order denying summary judgment to plaintiff should be reversed, and summary judgment directed in favor of plaintiff, with $10 costs.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.