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HEWETT v. MARINE MIDLAND

86 A.D.2d 263 (1982)

Thomas Hewett et al., Appellants, v. Marine Midland Bank of Southeastern New York, N.A., Respondent, et al., Defendants

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

April 26, 1982

Attorney(s) appearing for the Case

Suozzi, English, Cianciulli & Peirez, P. C. (J. Irwin Shapiro and Charles J. McEvily of counsel), for appellants.

Sullivan & Cromwell (Richard G. Menaker and Nancy Abraham of counsel), for respondent.

DAMIANI, J. P., GIBBONS and BRACKEN, JJ., concur.

THOMPSON, J.

This action, which raises questions under the Uniform Commercial Code about indorsements, transfers and guarantees, arises from two notes made in 1974 by certain of the corporate defendants. The notes were allegedly transferred to and guaranteed by defendant Marine Midland Bank of Southeastern New York, N.A. (hereinafter Marine); the makers of the notes are either bankrupt or allegedly without funds...

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