FRANKLIN NAT. BANK v. SKEIST


49 A.D.2d 215 (1975)

Franklin National Bank, Appellant, v. S. Merrill Skeist, Defendant and Third-Party Plaintiff-Respondent. Robert G. Hundley et al., Third-Party Defendants-Respondents

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

October 23, 1975


Attorney(s) appearing for the Case

Joseph H. Levie of counsel (Harold M. Hoffman and Richard Jankell with him on the brief; Rathheim, Hoffman, Kassel & Silverman, attorneys), for appellant.

Martin W. Felcher of counsel (Harvey M. Goldstein with him on the brief; Freedman, Lilienthal & Felcher, attorneys), for defendant and third-party plaintiff and respondent.

Marvin Usdin for third-party defendants-respondents.

STEVENS, P. J., MARKEWICH, LUPIANO and LANE, JJ., concur.


MURPHY, J.

The principal issue presented on this appeal is whether Special Term erred in holding that the guarantee executed by defendant Skeist in favor of plaintiff, particularly certain words of limitation typed thereon, is so ambiguous as to preclude the granting of summary judgment. Subsidiary issues raised hereon relate to certain unfulfilled promises allegedly made by plaintiff bank.

At the request...

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