National Bank of North America v. Chu — 47 N.Y.2d 946

Majority

p. 946

National Bank of North America, Respondent, v Edward Chu, Appellant, et al., Defendants.

Argued June 8, 1979;

decided June 28, 1979

p. 947

APPEARANCES OF COUNSEL

Lester Nelson and Jeffrey W. Herrman for appellant.

Edward N Meyer for respondent.

OPINION OF THE COURT

Order reversed, with costs, and plaintiff’s motion for summary judgment denied for reasons stated in the dissenting

p. 948

memorandum by Mr. Justice Leonard H. Sandler at the Appellate Division ( 64 AD2d 573 , 575-577).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer; Judge Fuchsberg taking no part.