Opinion
June 4, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES S. WHITMAN, JR., J.
Herbst Herbst ( Samuel B. Herbst and Jesse H. Brenner of counsel), for appellant.
Friedman Friedman ( Hyman R. Friedman of counsel), for respondents.
There was no irregularity on the face of either note to put plaintiff on notice that there were any restrictions surrounding the delivery of the notes, nor is there any proof that plaintiff had knowledge thereof.
The order denying summary judgment to plaintiff should be reversed, and summary judgment directed in favor of plaintiff, with $10 costs.
Concur — HOFSTADTER, J.P., HECHT and AURELIO, JJ.
Order reversed, etc.