Supreme Court, Appellate Division, Second Department, New York.
DAMIN CONSTRUCTION CORP., Respondent,v.VALLEY STREAM NATIONAL BANK AND TRUST COMPANY, etc., Appellant.
May 27, 1963.
Harold P. Herman, Valley Stream, for appellant; Wm. H. George, Valley Stream, of counsel.
Dreyer & Traub, Brooklyn, for respondent; Samuel Kirschenbaum, Brooklyn, of counsel.
In an action to recover sums allegedly due to plaintiff from the defendant bank pursuant to the terms of a written contract between them, the defendant appeals: (1) from an order of the Supreme Court, Nassau County, dated March 19, 1962, which denied its motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment for the relief demanded in the complaint; and (2) from the judgment entered April 2, 1962 upon said order. Order and judgment affirmed, with one bill of $10 costs and disbursements. No opinion.
UGHETTA, Acting P. J., and KLEINFELD, CHRIST, HILL and RABIN, JJ., concur.
241 N.Y.S.2d 1012 (Mem), 19 A.D.2d 589
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