Benwitt v. Investors Syndicate

Lewis, David C., J.

When these motions were brought before this court, similar litigation, instituted by a different plaintiff but against the same defendant, was the subject-matter of an appeal to our Appellate Division.

Since then the learned Appellate Division has rendered its decision affirming, without opinion, an order of Mr. Justice Hammer denying that plaintiff’s application for summary judgment (Fosdick v. Investors Syndicate (240 App. Div. 877). Except for the statement that there was “ a triable issue,” Mr. Justice Hammer rendered no opinion.

The expectancy shared by counsel and the…