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AM. BANK & TRUST CO. v. LICHTENSTEIN

39 N.Y.2d 857 (1976)

American Bank & Trust Company, Respondent, v. Morton Lichtenstein et al., Appellants.

Court of Appeals of the State of New York.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Richard F. Horowitz, Benjamin Geizhals and W. Harvey Mayer for appellants.

David C. Birdoff, James Nespole, Andrew C. Freedman and Stephen H. Lewis for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Order affirmed on the memorandum opinion at the Appellate Division.

This action is predicated on the series of promissory notes and not on the theory of an account stated, and accordingly judgment may be entered under CPLR 3213 (contrast Interman Ind. Prods. v R. S. M. Electron Power, 37 N.Y.2d 151). We do not consider the additional contentions presented by appellants...

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