American Bank Trust Co. v. Lichtenstein

Full title: AMERICAN BANK TRUST COMPANY, Respondent, v. MORTON LICHTENSTEIN et al.…

Court: Court of Appeals of the State of New York

Date published: Jun 2, 1976

39 N.Y.2d 857 (N.Y. 1976)

386 N.Y.S.2d 215

352 N.E.2d 132

Opinion

Argued April 29, 1976

Decided June 2, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.

Richard F. Horowitz, Benjamin Geizhals and W. Harvey Mayer for appellants.

David C. Birdoff, James Nespole, Andrew C. Freedman and Stephen H. Lewis for respondent.

MEMORANDUM.

Order affirmed on the memorandum opinion at the Appellate Division.

This action is predicated on the series of promissory notes and not on the theory of an account stated, and accordingly judgment may be entered under CPLR 3213 (contrast Interman Ind. Prods. v R.S.M. Electron Power, 37 N.Y.2d 151). We do not consider the additional contentions presented by appellants for the first time in this court (Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 162, p 629 et seq.).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in a memorandum.