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FLECK v. BANK OF SUFFOLK COUNTY

67 A.D.2d 676 (1979)

Edwin Fleck et al., Respondents, v. Bank of Suffolk County, Appellant. (Action No. 1.) Bank of Suffolk County, Appellant, v. Edwin Fleck et al., Respondents. (Action No. 2.)

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

January 15, 1979

Order reversed, on the law, with $50 costs and disbursements, and summary judgment is granted to the Bank of Suffolk County.

Appellant made a loan to respondents in the sum of $400,000. The note evidencing this loan contained a clause whereby those receiving the loan waived all defenses. Respondents now claim that the note was not to become effective unless they first received a mortgage from another bank. In fact, the note...

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