SEC. NAT'L BANK OF LONG ISLAND v. ESTATIO


29 A.D.2d 887 (1968)

Security National Bank of Long Island, Appellant, v. Ernest Estatio et al., Respondents

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

March 18, 1968


In this action by a bank on guarantees executed by defendants to secure obligations owed by a corporation to the bank, no triable issue is raised by the guarantors' defense and counterclaim based on duress, fraud and deceit allegedly practiced by the creditor bank upon the corporate principal, it being for the principal to determine what use it will make thereof (Ettlinger v. National Sur. Co., 221 N.Y. 467, 469-470; Elliott v. Brady, 192 N.Y. 221, 225-226;...

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