MARINE MIDLAND BANK v. HALL


74 A.D.2d 729 (1980)

Marine Midland Bank, Appellant, v. Audrey G. Hall et al., Respondents

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

February 20, 1980


Order unanimously reversed, with costs, and motion denied.

Memorandum:

Special Term improperly vacated its prior order granting partial summary judgment against defendants on their unconditional and absolute guarantee. In his answering affidavit in response to the motion for summary judgment defendant Edwin J. Hall raised issues pertaining only to the amount of the balance due and to the bank's improper handling of the security. No affidavit from defendant...

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