METRO. BANK v. BRENNAN


48 A.D.2d 254 (1975)

Metropolitan Bank of Syracuse, Appellant, v. James A. Brennan et al., Respondents

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

June 6, 1975


Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Bruce B. Roswig of counsel), for appellant.

Alfred J. Moorhead for James A. Brennan, respondent.

Irwin Birnbaum (Mary Ann Abend Donnelly of counsel), for Charles J. Engel and another, respondents.

CARDAMONE, J. P., MAHONEY, GOLDMAN and DEL VECCHIO, JJ., concur.


SIMONS, J.

Plaintiff appeals from orders which denied its motion for summary judgment on a promissory note. The individual defendants, respondents on this appeal, signed the note as comakers. Special Term held that they could offer parol evidence to prove that the instrument never became effective because its delivery was conditional and the condition was not satisfied.

In June, 1970 the sellers of Brennan...

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