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TETTE v. MARINE MIDLAND BANK

78 A.D.2d 383 (1981)

Marshelle R. Tette, Respondent, v. Marine Midland Bank, Appellant

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

January 23, 1981

Attorney(s) appearing for the Case

Harter, Secrest & Emery (Bruce E. Hansen of counsel), for appellant.

Robinson, Williams, Angeloff & Frank (Bernard A. Frank of counsel), for respondent.

DILLON, P. J., CARDAMONE, SCHNEPP and MOULE, JJ., concur.

CALLAHAN, J.

On May 18, 1977 plaintiff loaned Asore Realty Corporation $42,000 as evidenced by a promissory note executed by Philip J. Scardino, individually and as president of the corporation. In January, 1978, when demand was made for payment in full, Scardino and his corporation defaulted on the note. Lacking the $40,000 then due on principal, Scardino offered to sell plaintiff a home under construction and owned by the corporation with the balance...

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