Hyperlawhypertext legal database Matathias v. Bel-Mar Laboratories, Inc. 25 A.D.2d 836

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Matathias v. Bel-Mar Laboratories, Inc.

25 A.D.2d 836 Court N.Y. App. Div. Decision date 1966-05-17 English

Judges Concur — Breitel, J. P., Rabin, McNally and Steuer, JJ.;

Decision Majority (1) · Dissent — Eager, J.

Contents
p. 836
Alex Matathias, Assignee of Factors and Note Buyers Corp., Respondent, v. Bel-Mar Laboratories, Inc., Appellant.

Judgment affirmed, with $50 costs and disbursements to the respondent.

Concur — Breitel, J. P., Rabin, McNally and Steuer, JJ.;

dissents and votes to reverse and deny summary judgment on the ground that the rate of discount was so high as to put plaintiff’s assignor on notice that there were or were likely to be infirmities in checks available as possible defenses to drawer and that, under all the circumstances, there are issues of fact bearing upon the standing of plaintiff’s assignor as a holder in due course of the post-dated checks.