Maber, Inc. v. Factor Cab Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
The appeal arises on a motion for summary or accelerated judgment (CPLR, rule 3212; formerly Rules Civ. Prac., rule 113). The action is to recover on negotiable promissory notes. Plaintiff holder appeals from an order granting it an “ optional ’ ’ summary judgment for $4,000 of the $9,000 of notes held, if it elects to accept the smaller sum in full payment of the claims in suit. The notes were made by defendant taxicab company and personally indorsed by the individual principals of the taxicab corporation, also defendants in the action.
The notes in suit aggregate $9,000 and…
2Cases cited10 opinions
- Wen Kroy Realty Co. v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Gerard v. . McCormickNew York Court of Appeals · 1891
- 3105 Grand Corp. v. City of New YorkNew York Court of Appeals · 1942
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3Cited by6 opinions
- Parnell v. Adventist Health System/WestCalifornia Supreme Court · 2005
- Otten v. MarascoCourt of Appeals for the Second Circuit · 1965
- Otten v. MarascoDistrict Court, S.D. New York · 1964
- Otten v. MarascoCourt of Appeals for the Second Circuit · 1965
- Chavez v. McGuireNew Mexico Supreme Court · 1969
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