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G E CREDIT CORP v. DURANTE

96 Misc.2d 561 (1978)

General Electric Credit Corporation, Plaintiff, v. Durante Bros. & Sons, Inc., Defendant.

Supreme Court, Special Term, New York County.

July 27, 1978

Attorney(s) appearing for the Case

Barrett, Kliegman, Helfand & Alter for plaintiff. Gutman & Gutman for defendant.

ARNOLD G. FRAIMAN, J.

This is a motion by plaintiff for summary judgment in an action to recover the balance due on a guarantee agreement executed in connection with a conditional sales contract for the purchase of a back hoe. The hoe was repossessed from the purchaser for nonpayment of installments and sold "to the highest offeror". Defendant concedes the validity of the guarantee agreement and admits that...

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