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Al Roon's Ansonia Club, Inc. v. Centrella

5 Misc. 2d 711 Court Supreme Court, Appellate Term, First Department, Decision date 1956-10-25 English

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Majority

p. 711
Al Roon's Ansonia Club, Inc., Respondent, v. Betty Centrella, Appellant.
Supreme Court, Appellate Term, First Department,
October 25, 1956.
p. 712
Abraham, Kaplan for appellant.
Jacob Ziff for respondent.

The facts stated in defendant’s affidavit raise triable issue's. She is entitled to. an opportunity upon the trial to present her proof that the alleged note had no valid legal inception.

The judgment should be reversed, with $10 costs to appellant to abide the event, and motion denied.

Eder., Hecht and Tilzer, JJ., concur. •

Judgment reversed, etc.