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AM. BANK v. KOPLIK

87 A.D.2d 351 (1982)

American Bank & Trust Company, by The Federal Deposit Insurance Corporation, Receiver Appointed by the Superintendent of Banks of The State of New York, et al., Appellants, v. James Koplik et al., Respondents

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

June 22, 1982

Attorney(s) appearing for the Case

Donald S. Zakarin of counsel (James A. Janowitz and Arthur F. Engoron with him on the brief; Pryor, Cashman, Sherman & Flynn, attorneys), for appellants.

David I. Korngut of counsel (Beal Kagan Lentz & Romash, P. C., attorneys), for respondents.

KUPFERMAN, J. P., SANDLER, BLOOM and ASCH, JJ., concur.

SULLIVAN, J.

Federal Deposit Insurance Company, as receiver of American Bank and Trust Company, and individually under a loan security agreement, appeals from an order denying its motion for summary judgment in lieu of a complaint (CPLR 3213) based upon a written guarantee.

On or about August 27, 1976, as part of a loan transaction in which American Bank advanced $50,000 to Casual Citchen Corporation, Casual's principals, defendants James Koplik...

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