ALSIDE ALUMINUM SUPPLY CO. v. BERLINER


32 A.D.2d 731 (1969)

Alside Aluminum Supply Company, Respondent, v. Irwin Berliner, Appellant, et al., Defendant

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

May 15, 1969


Order insofar as appealed from unanimously modified to the extent of deleting the first ordering paragraph thereof and by deleting the word "answer" from the second ordering paragraph thereof and as so modified affirmed, without costs.

Memorandum:

In opposing plaintiff's motion for summary judgment on a guarantee agreement, appellant alleged that the agreement had been terminated prior to the accrual of any claim thereunder and presented proof (which was not...

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