Gerard Commercial Corp. v. Pietrantonio
This text of 133 Misc. 188 (Gerard Commercial Corp. v. Pietrantonio) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
' Although the trial judge was warranted in deciding that plaintiff was a holder in due course (Title Guarantee & Trust Co. v. Pam, 232 N. Y. 441) a triable issue was presented by the averments that plaintiff was carrying on the business of dis[189]*189counting notes in violation of section 140 of the Banking Law. (Meserole Securities Co. v. Cosman, 131 Misc. 361.)
Judgment and order reversed, with ten dollars costs to appellant to abide the event, and motion for leave to serve an amended answer granted.
All concur; present, Delehanty, Lydon and Crain, JJ.
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133 Misc. 188, 231 N.Y.S. 493, 1928 N.Y. Misc. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerard-commercial-corp-v-pietrantonio-nyappterm-1928.