BANK OF NEW YORK, ALBANY v. GREGORY


55 A.D.2d 793 (1976)

Bank of New York, Albany, Plaintiff, v. David H. Gregory, Appellant, and Janet G. Gregory, Respondent

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

December 23, 1976


Appellant and respondent, then husband and wife, executed, as comakers, a convenience letter of credit with the plaintiff bank on December 4, 1970. Various advances and payments were made under the agreement until there was a substantial balance owing to plaintiff. Plaintiff commenced an action against appellant and respondent, as defendants, in November, 1974 for the sum of $2,569.23 plus attorney's fees and, by decision dated January 26, 1976 of the Supreme Court at Special...

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