SMITH v. ELLENVILLE NAT'L BANK


60 A.D.2d 931 (1978)

Lawrence M. Smith, Appellant, v. Ellenville National Bank, Respondent

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

January 12, 1978


The underlying declaratory judgment action seeks a determination declaring certain guarantee agreements void on the ground that defendant violated oral agreements between the parties. Defendant counterclaimed for moneys allegedly due under the guarantee agreements and for moneys due on promissory notes indorsed by plaintiff. Plaintiff also sought a temporary injunction restraining defendant from disposing of certain collateral. The injunctive relief was denied and is now...

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