Dunn v. WPOP, Inc.

Order, Special Term, Supreme Court, New York County, entered on October 12, 1971, denying motion by plaintiff for summary judgment, affirmed. Defendant-*818respondent shall recover of plaintiff-appellant $50 costs and disbursements of this appeal. In affirming, we advert to the unusual character of the note at issue, and the difficulty of concluding there does not exist a “fairly arguable” issue worthy of a trial. The almost unique arrangement, requiring notice “from the owners of more than 50% ” of the interested parties, indicates the necessity of elucidation as to purpose and intent on the…