GERRITY CO. v. PADALINO


51 Misc.2d 928 (1966)

Gerrity Company, Inc., Plaintiff, v. Frank Padalino et al., Defendants.

Supreme Court, Special Term, Albany County.

October 17, 1966


Attorney(s) appearing for the Case

Arthur W. Bedell for plaintiffs. A. S. & S. S. Cohen for defendants.


HAROLD E. KOREMAN, J.

In an action to recover on a promissory note, plaintiff moves for an order dismissing the defenses contained in the answer on the ground that a defense is not stated therein. (CPLR 3211, subd. [b].) Defendants, the maker and indorser, assert that the note was not presented for payment, was not protested for nonpayment, and no notice of protest or nonpayment was given to the indorser. Defendants...

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