CITIBANK v. E. J. ZIBRO TIRE & APPLIANCE CO., INC.


72 A.D.2d 846 (1979)

Citibank (New York State), N. A., Appellant, v. E. J. Zibro Tire & Appliance Co., Inc., et al., Respondents

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

November 8, 1979


The plaintiff sought summary judgment pursuant to CPLR 3213 based upon a promissory note given by defendant E. J. Zibro Tire & Appliance Company for the payment of money, dated March 1, 1977, and a guarantee executed by defendant Edward J. Zibro, Jr., dated March 2, 1977. It is alleged that the defendant corporation defaulted on the promissory note because of late payment on the note. The terms of the note provided that late payments constituted a default. A judgment...

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