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BRATEN v. BANKERS TRUST CO.

60 N.Y.2d 155 (1983)

Milton Braten, Appellant, v. Bankers Trust Company, Respondent. (And a Third-Party Action.) Williamston Pants Co., Inc., et al., Appellants, v. Bankers Trust Company, Respondent. Erwin L. Klineman, Appellant, v. Bankers Trust Company, Respondent. (And a Third-Party Action.) William J. Klineman et al., as Executors of Emery E. Klineman, Deceased, Appellants, v. Bankers Trust Company, Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Archibald A. Patterson and Daniel Rhoades for appellant in the first above-entitled action.

Robert Feldman and Steven Troup for appellants in the second, third and fourth above-entitled actions.

David B. Eizenman and Arnold A. Jaffe for respondent in all of the above-entitled actions.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

KAYE, J.

The breach of contract actions before us, remnants of a web of litigation growing out of the commercial misfortunes of Braten Apparel Corporation (BAC), are based on an alleged oral promise of May, 1974 that, in exchange for an additional guarantee and pledge of services, Bankers Trust Company (the Bank) would continue BAC's credit until at least September 30, 1974. Plaintiffs are Milton Braten, BAC...

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