Pugatch v. David's Jewelers
Civil Court of the City of New York
1Opinion of the CourtEdward J. Greenfield, J.
In this action to recover on four notes, the plaintiff moved for summary judgment at the time of the service of the summons under CPLR 3213. Summary judgment was denied. In its memorandum Special Term stated: “ The defendant establishes that plaintiff is not a holder in due course of the notes in question (Uniform Commercial Code, Sec. 3-302(3) (c) and asserts defenses which would thus be good against plaintiff.”
When the matter came on for trial before me, defendant insisted that the ruling of Special Term, which had never been appealed, stood as the law of the case, and that it having been ‘…
2Cases cited6 opinions
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- Sternberg v. RubensteinNew York Court of Appeals · 1953
- New York Credit Men's Ass'n v. Domestic Broadtail Producers, Inc.District Court, S.D. New York · 1945
- Cooper v. MalloryNew York Supreme Court · 1966
- Snelwar v. SnelwarNew York Supreme Court · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Credit Francais International, S. A. v. Sociedad Financiera de Comercio, C. A.New York Supreme Court · 1985
- Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc.District Court, M.D. Tennessee · 1974
- Animalfeeds International, Inc. v. Banco Espirito Santo e Comercial de LisboaNew York Supreme Court · 1979
- Combine International v. BerkleyAppellate Division of the Supreme Court of the State of New York · 1988
- P P Inc. v. McGuireDistrict Court, D. New Jersey · 1981
4 more not listed; retrieve them via the Exa API.