BANK OF NO. AMER. v. SHAPIRO


31 A.D.2d 465 (1969)

Bank of North America, Appellant, v. Aaron Shapiro et al., as Executors of Bernard Shapiro, Deceased, Respondents, et al., Defendants

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

March 31, 1969.


Attorney(s) appearing for the Case

Edward N. Meyer of counsel (Anthony J. D'Auria with him on the brief; Cole & Dietz, attorneys), for appellant.

Morris L. Bower of counsel (Norman Winer with him on the brief), for respondents.

EAGER, J. P., and NUNEZ, J., concur with STEUER, J.; McGIVERN, J., dissents in opinion.


STEUER, J.

The action is on a written guarantee to the extent of $50,000 of the indebtedness of New Yorker Towers, Ltd. (herein Towers) to the plaintiff bank. The guarantee was one of several given by the individuals who were financially interested in the corporation. The guarantor sued died during the pendency of the action and his estate is now defending the action.

Execution and delivery of the instrument...

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