Indianapolis Morris Plan Corp. v. Karlen

Appeal so much of an order of the Supreme Court, Westchester County, dated November 1, 1967, as plaintiff’s motion for summary judgment. Order affirmed insofar as appealed from, with $10 costs and disbursements. No opinion. Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur; Hopkins, Acting P. J., dissents and votes to reverse the order insofar as appealed from and to grant plaintiff’s motion for summary judgment, with the following memorandum: Plaintiff sues on a promissory note which defendants signed as comakers. The note was secured by a chattel mortgage on certain equipment in a…