FIRST AM. BANK OF NEW YORK v. L. V. LOWDEN, INC.


197 A.D.2d 774 (1993)

602 N.Y.S.2d 720

First American Bank of New York, Respondent, v. L. V. Lowden, Inc., General Contractors, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 21, 1993


Mercure, J.

Plaintiff brought this action against defendants Leslie V. Lowden, Jr. and Katherine E. Lowden (hereinafter collectively referred to as the Lowdens) to recover upon their written guarantee of indebtedness of defendant L. V. Lowden, Inc. Supreme Court granted plaintiff's motion for summary judgment, defendants appeal and we now reverse.

Initially, we agree with defendants that the affidavits...

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