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JOSEPH SWANTAK, INC. v. IANNELLO

39 A.D.2d 977 (1972)

Joseph Swantak, Inc., et al., Respondents, v. Dominick Iannello et al., Doing Business as Iannello Brothers, et al., Defendants, and State Bank of Albany, Appellant. (Action No. 1.) State Bank of Albany, Appellant, v. Joseph Swantak et al., Respondents. (Action No. 2.)

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

June 14, 1972

In 1964 the Iannellos, defendants in Action No. 1, contracted with Joseph Swantak, Inc. (both Joseph Swantak and Joseph Swantak, Inc. will hereinafter be referred to as Swantak) for construction work on their farm. To finance the work the Iannellos applied to the State Bank of Albany for a loan in the amount of $100,000. Swantak, meanwhile, obtained a $9,000 loan from the bank. Under an oral agreement with the bank, the Iannellos...

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