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FIRST NAT'L CITY BANK v. INTERCONTINENTAL MINING & ABRASIVES, INC.

53 A.D.2d 821 (1976)

First National City Bank, Appellant, v. Intercontinental Mining & Abrasives, Inc., Defendant, and Michael A. Panayotopulos et al., Defendants-Respondents and Third-Party Plaintiffs. Airco., Inc., Third-Party Defendant

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

July 6, 1976

Respondents shall recover of appellant $60 costs and disbursements of this appeal. The voluminous affidavits submitted at Special Term indicate the existence of irreconcilable issues of fact justifying the denial of plaintiff's motion. Such issues, in part, result from the fact that the guarantees in suit specifically provide that they are enforceable strictly in accordance with the terms and provisions of any "agreement(s), express...

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