Zenith Financial Corp. v. Jolly Gene Distributor, Inc.

In an action by the assignee of a contract for the leasing and sale of certain food-vending machines, to recover from the defendant corporate purchaser and the defendant guarantor the balance of monthly payments and attorney’s fees allegedly due under the contract, the plaintiff appeals from an order of the Supreme Court, Nassau County, entered May 5, 1964, which denied its motion made pursuant to CPLR 4404 (subd. [b]): (a) to set aside the court’s decision, made after a non jury trial, and to set aside the judgment entered thereon dismissing the complaint on the ground that the assignment of…