Chemical Bank New York Trust Co. v. Batter

Order entered July 12, 1968, reversed on the law and plaintiff’s motion for summary judgment in its favor for the relief sought in the complaint and to strike the counterclaim is granted, without costs or disbursements, and without prejudice to defendant’s right to an independent action on his counterclaim. On January 25, 1968, two promissory notes previously given by defendant to plaintiff were in default and plaintiff took possession of a Buiek automobile pledged as security. Defendant offered to redeem the vehicle by payment of the past due installments on the later of the two notes (the…