COMMERCIAL TRADING CO., INC. v. TUCKER


80 A.D.2d 779 (1981)

Commercial Trading Company, Inc., Respondent, v. Gerald J. Tucker, Individually and as Preliminary Executor of Arthur Tucker, Deceased, Appellant, et al., Defendants

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

March 12, 1981


In this consolidated action based upon written guarantees of a note, Special Term granted summary judgment against Gerald J. Tucker as preliminary executor of the estate of Arthur Tucker, deceased, premised upon answers to interrogatories by Gerald J. Tucker, sued individually, indicating that there was a balance due and unpaid on the note. On August 18, 1977, prior to service of the interrogatories, plaintiff had served an amended verified complaint alleging that the defendants...

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