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CMTY. NAT'L BANK & TRUST CO. v. GOLD

45 A.D.2d 947 (1974)

Community National Bank and Trust Company, as Executor of Michel Thorgevsky, Deceased, Appellant, v. Mary J. Gold, Respondent

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

September 17, 1974

The defendant signed a promissory note payable to Michel Thorgevsky, her stepfather, now deceased. The loan funds came from the joint bank account of her mother and stepfather, although the funds derived from the mother. Defendant alleged a cancellation of the obligation by the mother, prior to her death and this later action. The original motion was properly denied because triable issues were raised. Thereafter, however, depositions...

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