LA VOIE v. CELLI


61 Misc.2d 126 (1969)

Hubert La Voie et al., Doing Business as Associated Drywall Company, Plaintiffs, v. Fred P. Celli et al., Defendants.

Supreme Court, Monroe County.

September 26, 1969


Attorney(s) appearing for the Case

Kaman, Berlove & Kaman (Stephen M. Jacobstein of counsel), for plaintiffs. Andrew G. Celli for defendants.


EMMETT J. SCHNEPP, J.

The within action was instituted on June 24, 1969 for a money judgment arising from the nonpayment of a promissory note made by the defendants, payable to Associated Drywall Company, dated at Rochester, New York, 1967 and due "ninety days after date." Defendants concede the making of the note, but claim that it is not yet due, because at the time the note was made, it was orally agreed that payment on the note would only be due upon...

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