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DUESLER v. STATE BANK OF ALBANY

43 A.D.2d 598 (1973)

Ivan E. Duesler, Appellant, v. State Bank of Albany et al., Respondents

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

November 1, 1973

The issues raised herein were disposed of upon the dismissal of the counterclaims in the prior action between these same parties (see State Bank of Albany v. Duesler, 41 A.D.2d 1009), and that action is res judicata (see Granite Bond & Mtge. Corp. v. Hutchins, 225 App. Div. 412). Moreover, the defendant was not obligated to proceed against the security prior to demanding payment from plaintiff, and, since plaintiff...

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