GOLD HART CHEMISTS, INC. v. PLATT


37 A.D.2d 838 (1971)

Gold Hart Chemists, Inc., et al., Appellants, v. Max Platt, Respondent

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

October 4, 1971


Order affirmed, without costs.

Plaintiffs' contention that Morris Hartman (not a party to this action and a co-obligor on the notes) was released by defendant from any further obligation on the notes, and that therefore they were also thereby discharged from further obligation thereunder, was not established in the record. Plaintiff Goldstein's affidavit that he was so informed by Hartman was insufficient to establish such alleged fact. A plenary trial is called for...

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