MARINE MIDLAND TINKER NAT'L BANK v. ATAIPA CONSTR. CORP.


73 A.D.2d 639 (1979)

Marine Midland Tinker National Bank, Now Known as Marine Midland Bank, Appellant, v. Ataipa Construction Corporation et al., Respondents

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

December 17, 1979


Order reversed, on the law, with $50 costs and disbursements, and motion for summary judgment in favor of the plaintiff is granted.

With respect to the enforceability of the promissory note, executed by the defendant Ataipa Construction Corporation on November 13, 1974, and the prior guarantees, we find that there are no triable issues of fact which can defeat the plaintiff's motion for summary...

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