FIRST NAT. BANK v. CUTALI


75 Misc.2d 268 (1973)

First National Bank of Rochester, Plaintiff, v. Frank T. Cutali, Defendant.

County Court, Monroe County.

July 6, 1973


Attorney(s) appearing for the Case

Santoro, Mittleman & Pietropaoli (Nicholas R. Santoro of counsel), for plaintiff. Robert Epstein for defendant.


DAVID O. BOEHM, J.

This is a motion for summary judgment, pursuant to CPLR 3212, upon an action brought by the plaintiff to recover a balance due upon two promissory notes executed by the defendant and his wife on December 20, 1967 and January 8, 1968. Copies of the two notes are annexed to the complaint.

Although he denies the execution of the notes in his answer, the defendant admits in his affidavit...

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