Hirsch & Co. v. Pattiz

Order, entered on February 20,1963, denying plaintiff’s motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion to strike answer and direct entry of judgment in the amount of $8,156.83, with interest from July 15, 1962, granted, with $10 costs. On May 24, 1962, after making several margin calls to which defendant did not respond, plaintiff stock brokerage firm sent a telegram to defendant advising him that if it did not receive a specified additional margin payment by 3:00 p,m. of the following day, it would “ sell at…