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MFRS TRUST v. BARRY WAREHOUSES

49 A.D.2d 320 (1975)

Manufacturers and Traders Trust Company, Appellant, v. Barry Warehouses, Inc., Defendant, and Richard J. Allaire et al., Respondents

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

November 6, 1975

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews & Goodyear (Albert Baker of counsel), for appellant.

Bertil L. Peterson for respondents. (No brief or appearance.)

MARSH, P. J., CARDAMONE, DEL VECCHIO and WITMER, JJ., concur.

MAHONEY, J.

Plaintiff appeals from an order denying its motion to grant summary judgment against the defendants-respondents, Richard J. Allaire and Dorothy B. Allaire ("Allaires"). The facts are not in dispute. The action was based upon a demand note and a loan agreement owing to the plaintiff-appellant, Manufacturers and Traders Trust Company ("M & T"), in the amount of $31,052.65 with interest. Subsequently Allaires, by virtue of a guarantee and...

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